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CLERK'S    MAGAZINE; 

CONTAINING     ALL 

THE  MOST  USEFUL  FORMS, 

WHICH      OCCUR 

IN    BUSINESS    TRANSACTIONS    BETWEEN    MAN    AND    MAN. 

COMPRISING 

-MANY    VALUABLE    FORMS 
NOT   BEFORE   GIVEN   IN  ANY   ONE   COLLECTION. 


CALCULATED    FOR   THE    USE 

OF  THE  CITIZENS  OF  THE  UNITED  STATED, 
And  made  conformable  to  Law. 

BY  A  MEMBER  OF  THE  MASSACHUSETTS  BAR. 

SECOND    EDITION;    REVISED    AND    ENLARGED 


BOSTON: 
LILLY,    WAIT,    AND    COMPANY. 

1  833. 


Entered  according  to  Act  of  Congress,  in  the  year  1833, 

By  LILLY,  WAIT,  &  Co. 
In  the  Clerk's  Office  of  the  District  Court  of  Massachusetts. 


PREFACE. 


IN  a  Republic,  citizens   from  every  class  are  liable 
occasionally  to  be  called  to  fill  responsible  stations,  which 
they  cannot  do  with  advantage  to  the  public  and  honour 
to  themselves,  unless  to  a  good  early  school  education 
they  add  some  knowledge  on  general  subjects.     If  the 
citizens  of  the  United  States  of  America  are  distinguished 
from  those  of  other  nations  by  the  establishment  of  common 
schools,  and  the  more  general  diffusion  of  early  education, 
they  are  no  less  distinguished  by  being  men  of  business, 
contractors  and  negotiators.    We  have  no  class  whose  lives 
are  devoted  to  mere  manipulation.     While  thousands  in 
Europe  pass  their  whole  lives  without  feeling  the  necessity 
of  becoming  parties  to  a  single  written  instrument,  it  is  far 
otherwise  here.   With  us  few  men  pass  a  year  without  be- 
coming parties  to  or  interested  in  written  contracts  or  legal 
instruments,  on  the  due  framing  and  understanding  of  which 
depends  in  a  great  measure  the  happiness  of  themselves  and 
their  families.     In  many  places  in  the  old  and  long  settled 
states,  and  still  more  in  the  sparse  population  of  new  settle- 
ments, it  often  happens  that  men  are  obliged  to  make  con- 
tracts and  legal  instruments,  when  it  is  impossible,  or  ex- 
tremely difficult  for  them  to  avail  themselves  of  professional 
assistance. 

It  is  believed  that  to  such  citizens  especially,  and  to 
the  public  generally,  a  small  book,  of  moderate  price, 
containing  a  good  selection  of  short  and  simple  forms  of 
contracts  and  legal  instruments,  would  be  both  acceptable 
and  useful. 

B 


VI   •  PREFACE. 

This  labour  has  not  been  induced  by  a  belief  that 
there  were  not  enough  books  of  forms  before  the  public. 
But  most  of  those  which  we  have  seen  are  voluminous, 
and  rather  adapted  to  the  wants  of  the  profession,  than 
the  public.  The  professional  man  is  too  familiar  with 
common  forms  to  make  a  reference  to  books  necessary 
while  he  writes  them.  And  these  common  forms  are 
almost  the  only  ones  used  by  the  rest  of  the  community. 
It  is  obvious  then  that  books  of  a  different  description  are 
wanted  for  the  profession,  and  the  citizens  generally.  — 
There  are  smaller  books  of  forms.  But  some  of  them 
are  local  in  their  application,  or  chiefly  applicable  to  the 
statute  provisions  of  particular  states.  Others  are  ancient, 
and  contain  much  that  is  rarely  wanted,  and  omit  much 
that  would  be  of  daily  use. 

In  this  compilation  strict  regard  has  not  been  had  to 
the  titles  in  existing  books,  nor  to  the  proportionate  length 
generally  assigned  to  each.  Some  unusual  titles  have  been 
introduced,  and  some  common  ones  wholly  omitted. 

A  compendious  manual  is  wanted  by  the  citizen,  con- 
taining the  simplest  forms  that  will  guide  him  safely  in  his 
transactions  of  most  frequent  occurrence.  It  is  believed 
that  many,  if  not  most  of  the  legal  forms  introduced  into 
this  country  from  England,  although  much  simplified  and 
improved,  still  contain  words,  phrases  and  sentences, 
which  add  nothing  to  the  legal  strength  of  the  instrument, 
and  only  serve  to  render  it  obscure,  and  in  some  instances 
almost  unintelligible,  by  useless  verbiage.  —  Contracts  are 
found  where  the  words,  '  his  heirs,  executors,  administra- 
tors and  assigns,'  in  their  frequent  recurrence,  constitute 
nearly  one  third  of  the  whole  language  used.  If  instead 
of  these  one  or  two  simple  sentences  could  be  introduced, 
which  would  leave  the  strength  and  design  of  the  instru- 
ment unimpaired,  it  would  be  an  obvious  improvement. 


In  an  old  English  form  of  release  is  found  the  following  — 
(  And  1  do,  Sfc,  discharge  the  said  Ji.  B.  his  heirs,  execu- 
tors and  administrators,  of  and  from  all  manner  of  action 
and  actions,  cause  and  causes  of  action,  suits,  debts, 
dues,  sum  and  sums  of  money,  accounts,  reckonings, 
bonds,  bills,  specialties,  covenants,  contracts,  controver- 
sies, agreements,  promises,  variances,  damages,  judg- 
ments, extents,  executions,  claims  and  demands  ichatsoev- 
er,  <Sfc.'  And  all  this  has  been  introduced  into  one  of 
the  most  valuable  of  our  modern  books.  It  is  not  easy  to 
discover  the  necessity  or  use  of  all  this  array  of  words. 
If  the  following  substitute  would  effect  every  legal  pur- 
pose of  the  above,  it  surely  would  be  an  improvement  of 
the  form  ;  —  'And  1  do,  &c,  discharge  the  said  A.  B.  of 
and  from  all  judgments,  actions,  causes  of  action,  and 
demands  of  every  name  and  nature.' 

In  the  general  progress  of  reform  for  which  the  present 
age  is  distinguished,  the  common  forms  of  the  transactions 
of  the  business  of  every  day  ought  to  be  embraced,  so  far 
as  to  relieve  them  from  the  heavy  lumber  of  useless  words 
and  sentences.  Any  attempt  to  do  this  will  doubtless  en- 
counter some  prejudice.  And  it  must  be  acknowledged 
that  if  the  attempt  were  made  by  an  able  jurist  there 
would  be  some  danger,  that  in  divesting  instruments  of 
parts  apparently  useless,  he  might  occasionally  omit  some, 
which  on  mature  consideration  would  be  found  of  essen- 
tial import. 

Much  has  already  been  done  in  our  country  to  simplify 
the  ancient  English  forms  ;  —  but  much  more  still  remains 
to  be  done.  It  has  been  attempted  in  some  of  the  states 
by  legislation  ;  and  it  has  met  in  some  instances  the  ap- 
probation —  and  sometimes  the  censure  of  the  wise  and 
influential  of  the  legal  profession. 
B* 


Reform,  to  be  effectual,  should  be  slow  and  circumspect 
in  its  progress.  In  this  work  the  attempt  has  been  by  no 
means  made  to  any  great  extent  to  effect  the  changes 
before  stated  as  desirable.  In  some  of  the  forms  altera- 
tions have  been  freely  made  ;  but  in  most  of  them  there  is 
little  variation  from  the  accustomed  usages. — And  in 
some,  language  apparently  unnecessary,  is  reluctantly 
retained,  through  fear  that  too  much  innovation  would  be 
unacceptable  to  the  public,  and  that  thereby  the  value  of 
the  book  would  be  diminished.  For  the  purpose  of  making 
this  work  generally  useful  through  the  union,  those  forms 
which  are  applicable  alone  to  the  statutes  or  local  laws  of 
particular  states,  have,  with  few  exceptions,  been  omitted. 

Should  the  foregoing  views  meet  with  public  accept- 
ance, at  a  future  time  an  attempt  may  be  made  to  pre- 
sent a  collection  of  forms  divested  of  all  that  we  shall  be 
advised  serves  to  swell  the  pages,  without  adding  strength 
or  utility  to  the  instruments. 


PREFACE  TO  THE  SECOND  EDITION. 

THE  sudden  sale  of  the  first  edition  of  this  work,  leads 
the  compiler  to  believe,  that  the  suggested  alterations  in 
the  forms  of  contract,  meet  with  public  approbation.  In 
this  edition,  many  forms  are  still  farther  abridged,  so  that 
although  some  new  precedents  and  titles  are  added,  the 
book  is  only  enlarged  by  a  few  pages. 

Should  the  public  continue  to  approve  of  this  humble 
labour,  hereafter  much  new  matter  may  be  added,  without 
increasing  the  size  or  expense  of  the  volume. 

Boston,  August,  1833. 


CONTENTS. 

ABANDONMENT  13 

Acknowledgment,  (Certificate  of)  13 

Administrator's  acconnt  16 

Affidavit  19 

Agreement  19 

Appointment  54 

Assignment  56 

Award  103 

Bill  112 

Bill  of  Exchange  113 

Bill  of  sale  117 

Bond  120 

Bond  (Condition  of)  127 

Composition  153 

Conditions  of  sale  154 

Conveyance  156 

Copartnership  156 

Covenant  163 

Deeds  166 

Defeasance  185 

Deposition  186 

Exchange  197 

Gift  198 

(irant  200 

Indenture  204 

Insolvency  208 

Jointure  213 


Lease  215 

Letter  of  Attorney  236 

Letter  of  Credit  253 

Letter  of  License  253 

Manumission  256 

Mortgage  257 

Organization  266 

Partition  273 
Patents  278 

Petitions  280 

Probate  283 

Promissory  Note  286 

Receipt  286 

Release  283 

Separation 

Settlement  302 

Uses  and  Trust*  309 

Wills  '  312 


AMERICAN    CLERK'S    MAGAZINE. 


ABANDONMENT,  (Notice  of.} 
To  (here  name  the  underwriters.) 

You  will  please  to  take  notice  —  that  I,  A.  B.,  of,  &c, 
merchant,  abandon  to  you  all  my  right,  title,  interest,  pro- 
perty and  claim  in  and  to  the  ship  and  her  cargo,  and 
every  part  and  parcel  of  them  or  either  of  them  ;  and  I  de- 
mand of  you  the  sum  of  dollars  by  you  under- 
written on  my  interest  in  said  ship  and  cargo,  as  for  a  total 
loss  thereof.  A.  B. 

Boston,  March  1,  1832. 

Note.— No  particular  form  of  abandonment  is  necessary, 
and  even  an  abandonment  made  verbally,  if  not  objected  to, 
is  good.  It  is  best,  however,  to  use  the  word  abandon, 
because  that  is  a  technical  word  adapted  to  express  the  in- 
tention of  the  insured. 

If  the  abandonment  is  to  be  sent  abroad,  it  is  prudent  to 
have  it  made,  in  a  formal  deed,  by  a  conveyancer  or  notary. 


ACKNOWLEDGMENT,  (Certificate  of.) 
[1]  General  Form. 

State  of 

County  of ,  ss. 

Be  it  remembered,  that  on  the  first  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
two,  before  me,  C.  D.,  one  of  the  justices  of  the  peace 
2 


14  ACKNOWLEDGMENT. 

within  and  for  said  county,  personally  appeared  the  within 
named  A.  B.,  and  acknowledged  the  within  instrument  to 
be  his  free  act  and  deed.  C.  D. 


[2]      Shorter  Form,  as  is  generally  used  in  Massachu- 
setts, fyc. 

Commonwealth  of  Massachusetts. 
Suffolk,  ss.  Boston,  March  1,  1832. 

Personally  appeared  the  abovenamed  A.  B.,  and  ac- 
knowledged the  foregoing  instrument,  by  him  subscribed,  to 
be  his  free  act  and  deed. 

Before  me,  C.  D., 

Justice  of  the  Peace  for  said  County,. 


[3]  By  hco  or  more, 

Commonwealth  of  Massachusetts. 
Suffolk,  ss.  Boston,  March  1,  1832. 

Personally  appeared  the  abovenamed  A.  B.,  C.  D.,  and 
E.  F.,  and  severally  acknowledged  the  above  instrument  to 
be  their  free  act  and  deed. 

Before  me,  G.  H., 

Justice  of  the  Peace. 


[4]         Where  the  Deed  is  executed  by  an  Attorney. 

Commonwealth  of  Massachusetts. 
Suffolk,  ss.  Boston,  March  1,  1832. 

Personally  appeared  A.  B.,  who  signed  and  sealed  the 
foregoing  deed  as  the  attorney  of  the  above  named  C.  D., 
and  acknowledged  the  foregoing  instrument  to  be  the  free 
act  and  deed  of  the  said  C.  D. 

Before  me,  E.  F., 

Justice  of  the  Peace. 


ACKNOWLEDGMENT. 


[5]      Where  the  Seal  of  the  Magistrate  is  by  law  required* 

State  of  Rhode  Island  and  Providence  Plantation. 
County  of  Providence,  ss. 

Be  it  remembered  that  on  this  first  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-two, 
before  me,  C.  D.,  one  of  the  justices  of  the  peace  for  said 
county,  came  the  above  named  A.  B.,  and  acknowledged 
the  foregoing  instrument,  (or  deed,  release,  letter  of  attor- 
ney, &c,  as  the  case  may  be)  to  be  his  free  act  and  deed. I" 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
seal  on  the  day  above  written. 

C.  D.     L.S. 


[6]  Of  Husband  and  Wife. 

State  of 

County  of ,  ss. 

Be  it  remembered  that  on  this  first  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty -two, 
before  me,  C.  D.,  one^>f  the  justices  of  the  peace  in  s"aid 
county,  came  the  above  nqmed  A.  B.  and  the  above  named 
Y.  B.,  his  wife,  and  severally  acknowledged  the  above  in- 
strument to  be  their  free  act  and  deed.  The  said  Y.  B., 
being  of  full  age,  and  by  me  duly  examined  separate  and 
apart  from  her  said  husband,  and  the  contents  of  said  deed 
being  fully  made  known  to  her,  declared  that  she  did  volun- 
tarily seal,  execute  and  deliver  the  same  without  any  coer- 
cion or  compulsion  of  her  said  husband. 

C.D. 

•  In  some  of  the  States,  the  statutes  require  that  acknowledgments 
of  deeds,  especially  if  made  in  other  States,  shall  be  under  the  seal 
of  the  magistrate  taking  the  acknowledgment. 

t  It  is  customary  in  some  of  the  States  to  add  in  this  place  the  fol- 
lowing words.  — '  and  desired  that  the  same,'  or  '  to  the  end  that  the 
6a.me  may  be  recorded  according  to  law.' 


16  ADMINISTRATOR'S  ACCOUNT. 


[7]     A  shorter  Form,  such  as  is  generally  used  in  JVeu> 
England. 

State  of  New  Hampshire. 
Rockingham,  ss.  Portsmouth,  March  1,  1832. 

Personally  appeared  the  above  named  A.  B.  and  Y.  B., 
his  wife,  and  severally  acknowledged  the  foregoing  instru- 
ment to  be  their  free  act  and  deed. 

Before  me,  C.  D., 

Justice  of  the  Peace  for  said  County. 

JVcfe.  —  Acknowledgments  are  generally  made  before 
common  justices  of  the  peace.  But  by  statute  in  several 
of  the  States,  they  are  required  to  be  made  before  Judges  or 
other  officers,  or  commissioners  specially  provided. 


ADMINISTRATOR'S  ACCOUNT. 

Form  in  Massachusetts. 

The  First  Account  of  A.  B.,  of  Boston,  in  the  county 

of  Suffolk,  merchant,  administrator  of  the  estate  which  was 

of  C.  D.,  late  of  said  Boston,  merchant,  deceased,  intestate. 

1832,  March  1.  The  said  accountant  charges  him- 
self with  the  amount  of  the  personal  property  of 
said  deceased,  which,  by  the  appraisement  thereof, 
appears  in  the  Inventory  to  be  of  the  value  of  $5760 

Also  with  the  sum  for  which  the  same  was  sold  above 

the  appraisement  365 

Also  with  this  sum  received  of  E.  F.  for  rent  due  to 
the  deceased  at  the  time  of  his  decease  for  his  store 
in  Broad  Street  473 

Also  with  this  sum  paid  by  G.  H.,  being  the  amount 

of  the  book  account  of  the  deceased  against  him  330 

Also  with  this  sum,  being  one  quarter's  interest  on 
one  thousand  dollars  United  States'  stock,  included 
in  the  Inventory  15 

$6943 


ADMINISTRATOR'S  ACCOUNT.  17 

And  he  claims  allowance  for  the  following  payments  and 
charges : — 
1832,  March  1.     This  sum  paid  for  a  coffin  for  the 

deceased  $15 

This  sum  paid  the  undertaker  8 

This  sum  paid  for  five  coaches  at  the  deceased's 

funeral  10 

This  sum  allowed  the  widow  of  the  deceased  by  the 

Judge  of  Probate  500 

This  sum  being  Dr  J.  J.'s  bill  for  attendance  on  the 

deceased  and  medical  advice  and  assistance  during 

his  last  sickness  30 

This  sum  paid  K.  L.,  being  her  bill  for  attendance 

on  the  deceased  as  nurse  during  his  last  sickness  18 

This  sum  paid  M.  N.,  the  amount  of  the  deceased's 

note  to  him  300 

This  sum  allowed  the  administrator  for  his  services 

in  settling  the  estate 

Note.— The  last  blank  will  be  filled  by  the  Judge  of  Pro- 
bate^ The  compensation  is  sometimes  a  rate  per  cent,  vary- 
ing ffcom  - ',  to  ~).  J>ut,  perhaps,  more  generally  the  allow- 
ance 18, made  by  a  sum  in  gross  —  such  as  the  Judge  deems 
a  compensation  for  the  services  under  the  circumstances. 
If  the  property  named  in  the  Inventory,  or  any  part  of  it,  is 
sold  by  order  of  court,  the  gain  of  the  amount  of  sales  over 
the  inventory  price,  if  there  be  any,  should  be  charged  to 
the  administrator  as  in  the  form  above.  But  if,  instead  of  a 
gain,  there  should  be  a  loss,  the  loss  should  be  claimed  as 
an  item  of  allowance. 


'2' 


13 


ADMINISTRATOR'S  ACCOUNT. 


"S-gS 


sififlljiipsiil 
Ki""iw"i* 


11 


i 

III 

lj>l 

831 


II 


111 

III 

1  31 

'If 


AFFIDAVITS AGREEMENT.  19 


AFFIDAVITS. 

Commonwealth  of  Massachusetts. 
Suffolk,  ss.  Boston  March  1,  1832. 

Personally  appeared  the  abovenamed  A.  JB.,  and  made 
solemn  oath,  (or  solemnly  affirmed,)  that  the  foregoing  de- 
claration, (certificate,  &c,  as  the  case  may  be)  by  him  sub- 
scribed, is  true. 

Before  me,  C.  D., 

Justice  of  the  Peace  for  said  County. 


Affidavit  to  hold  to  Bail. 

State  of  Maine. 
County  pf  Cumberland,  ss. 

A.  .B.J  of  Portland,  in  said  county,  merchant,  makes  oath, 
and  says  that  C.  D.,  of  the  city,  county  and  State  of  New 
Y^ork,  is  justly  and  truly  indebted  to  this  deponent  in  the 
sum  of  five  hundred  dollars  for  money  lent,  (or  goods  sold 
and  delivered,  work  and  labour  done,  &c,  as  the  case  may 
be)  by  this  deponent  at  said  C.  D.'s  request.  (Or  if  the 
debt  be  on  note,  bill,  bond,  &c,  describe  them.) 

A.  B. 
Sworn  to  this  1st  day  of  March,  1832, 

Before  me,  E.  F., 

Justice  of  the  Peace  for  said  County. 

Note. — Affidavits  and  oaths,  when  authorized  by  law, 
may  be  taken  in  the  same  manner  that  oaths  and  affirma- 
tions are  administered  in  open  court,  and  they  may  be  taken 
before  any  magistrate  authorized  to  administer  oaths,  unless 
where  the  law  makes  other  provision. 


AGREEMENT. 

[1]  For  the  Sale  of  Land. 

An  agreement  made  this  first  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-two,  by 


20  AGREEMENT. 

and  between  A.  B.  of  Montpelier,  in  the  county  of  Wash- 
ington and  State  of  Vermont,  trader,  of  the  one  part,  and 
C.  D.  of  Burlington,  in  the  county  of  Chittenden  and  State 
aforesaid,  yeoman,  of  the  other  part,  as  follows,  to  wit :  — 

The  said  A.  B.,  for  the  consideration  herein  after  named, 
does  covenant  and  agree  to  and  with  the  said  C.  D.,  that 
he,  the  said  A.  B.,  will,  on  or  before  the  first  day  of  April 
next,  by  good  and  lawful  deed,  in  fee  simple,  with  warranty 
against  all  incumbrances,  grant  and  convey  to  the  said  C.  D. 
a  (dwelling  house,  store,  mill,  farm,  &c;  here  fully  describe 
the  premises)  with  all  the  privileges  to  the  same  appertain- 
ing. 

In  consideration  whereof,  the  said  C.  D.  does  covenant 
with  the  said  A.  B.,  that  he  the  said  C.  D.  will,  on  delivery 
of  the  said  deed,  to  be  made  as  aforesaid,  pay  to  the  said  A. 
B.  the  sum  of  two  thousand  dollars  in  lawful  money  (or, 
the  sum  of  two  thousand  dollars,  in  manner  followiag,  to 
wit:  —  one  thousand  dollars  in  money,  on  the  delivery  of 
said  deed,  and  one  thousand  dollars  in  a  negotiable  note  of 
hand,  payable  to  said  A.  B.  in  two  years,  with  iiitcreij  an- 
nually, secured  by  a  mortgage  of  said  premises,  to  bmjbadc 
by  said  C.  D.  to  said  A.  B.  as  collateral  security  for  the 
payment  of  said  note  of  one  thousand  dollars.) 

And  to  the  true  and  faithful  performance  of  all  the  cove- 
nants herein  contained  on  the  part  of  the  said  A.  B.  oi|the 
said  C.  D.,  each  of  them  binds  himself,  his  heirs,  executors 
and  administrators,  to  the  other,  and  his  heirs,  executors  ami 
administrators. 

In  testimony  whereof  the  said  A.  B.  and  C.  D.  have 
hereunto  set  their  hands  and  seals,  on  the  day  first  herein 
written.  A.  B.  L.  s. 

C.  D.    x,  s. 

In  presence  of 


[2]  For  building  a  House. 

Articles  of  agreement  made  this  first  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-two, 
by  and  between  A.  B.,  of  the  city  of  Boston,  in  the  Com- 
monwealth of  Massachusetts,  trader,  of  the  one  part,  and 
C.  D.,  of  said  Boston,  carpenter,  of  the  other  part,  as  fol- 
lows, to  wit :  — 


AGREEMENT.  11 

The  said  C.  D.  for  the  considerations  herein  after  men- 
tioned, does  covenant,  promise,  and  agree,  to  and  with  the 
said  A.  B.,  that  he,  the  said  C.  D.,  will,  within  the  space  of 
nine  months  from  the  date  hereof,  in  good  and  workman-like 
manner,  and  according  to  the  best  of  his  art  and  skill,  well 
and  substantially  erect,  build,  set  up,  and  finish,  one  house 
or  messuage,  at,  &LC,  of  the  dimensions  following,  viz,  &c, 
and  build  the  same  with  such  stone  or  brick,  timber,  and 
other  materials,  as  the  said  A.  B.  shall  find  and  provide  for 
the  same,  and  as  the  said  A.  B.  shall  furnish  forthwith. 
In  consideration  whereof,  the  said  A.  B.  does  covenant  and 
promise  to  and  with  the  said  C.  D. ,  well  and  truly  to  pay, 
or  cause  to  be  paid,  unto  the  said  C.  D.,  the  sum  of  one 
thousand  dollars,  in  the  manner  following,  to  wit :  —  Five 
hundred  dollars  when  the  work  shall  be  commenced,  two 
hundred  dollars  on  the  first  day  of  August  next,  and  the 
remaining  three  hundred  dollars  when  the  whole  work  shall 
be  completely  done  and  finished.  And  for  the  fulfilment  of 
all  the  promises  and  covenants  aforesaid  by  each  of  the  par- 
ties, they  respectively  bind  their  legal  representatives  as  well 
as  themselves. 

In  testimony  whereof  the  parties  have  hereunto  set  their 
hands  and  seals  the  day  and  year  first  herein  written. 

A.  B.     L.S. 
C.  D.     L.S. 

Attest,  E.  F. 


[3]  For  the  Sale  of  an  Estate. 

Memorandum.  It  is  agreed  between  A.  B.,  of  the  one 
part,  and  C.  D.,  of  the  other  part:  That  the  said  A.  B.  shall, 
on  or  before  the  first  day  of  December  next,  make  and  execute 
a  good  title  unto,  and  by  good  and  sufficient  conveyances  in 
law,  convey  and  assure  unto  the  said  C.  D.  and  his  heirs, 
free  from  all  encumbrances  whatsoever,  ALL  that  freehold 
messuage  or  tenement  with  the  appurtenances,  in  Second- 
street  in  the  city  of  Philadelphia,  now  or  late  let  for  two 
hundred  dollars  a  year,  together  with  the  policies  of  insurance 
from  fire  of  the  said  premises  ;  and  all  locks,  bolts,  bars, 
cocks,  cisterns,  and  other  fixtures*  therein,  belonging  to  the 

*  By  almost  general  custom,  whatever  U  strongly  affixed  to  the 
freehold  or  inheritance,  and  cannot  be  severed  from  thence  without 


22  AGREEMENT. 

said  A.  B.  And  that  the  said  C.  D.  shall  receive  the  rents 
of  the  said  premises  from  the  twentieth  day  of  September 
last  :  And  the  said  A.  B.  shall  pay  all  arrears  of  taxes,  and 
the  annuity  to  the  poor,  up  to  that  time  :  In  considera- 
tion whereof,  the  said  C.  D.  doth  hereby  agree  to  pay  to  the 
said  A.  B.  the  sum  of  five  thousand  dollars  on  executing 
such  conveyances  as  aforesaid  :  And  it  is  hereby  further 
agreed  between  the  said  parties,  that  the  said  C.  D.  shall 
be  at  the  charge  of  the  deeds  for  conveying  to  him  the  said 
premises  ;  and  that  all  attested  copies  of  title-deeds  and 
covenants  to  produce  the  same,  shall  be  at  the  charge  of  the 
said  A.  B.  In  witness  whereof,  the  said  A.  B.  and  C.  D. 
have  hereunto  set  their  hands  and  seals,  the  day  of 

A.  B.     L.S. 
C.  D.    L.S. 
Attest,  E.  F. 


[4]  For  Building  a  House,  fyc. 

Be  it  remembered,  That,  on  this  day  of 

it  is  agreed  between  A.  B.  of  ,  and  C.  D.  of 

in  manner  and  form  following,  to  wit  :  The  said  C.  D.  for 
the  considerations  herein  after  mentioned,  doth  covenant, 
promise,  and  agree,  to  and  with  the  said  A.  B.  that  he  the 
said  C.  D.  shall  and  will  within  the  space  of  nine  months 
next  after  the  date  hereof,  in  good  and  workman-like  man- 
ner, and  according  to  the  best  of  his  art  and  skill,  at  , 
well  and  substantially  erect,  build,  set  up,  arid  finish,  one 
house  or  messuage  according  to  the  draught  or  scheme 
hereunto  annexed,  of  the  dimensions  and  particular  descrip- 
tion following,  viz. — 

And  to  compose  the  same  with  such  stone  or  brick,  tim- 
ber, and  other  materials,  as  the  said  A.  B.  shall  find  and 
provide  for  the  same  ;  in  consideration  whereof,  the  said 
A.  B.  doth  covenant  and  promise  to  and  with  the  said  C. 
D.  well  and  truly  to  pay  or  cause  to  be  paid,  unto  the  said 
C.  D.  the  sum  of  dollars,  in  manner  following  to 

wit : dollars,  part  thereof  at  the  beginning  of  the  said 

violence  or  damage,  is  become  a  member  of  the  inheritance,  and  shall 
thereupon  paas  to  the  heir  ;  as  chimney-pieces,  pumps,  old  fixed  or 
dornnut  tables,  benches,  and  the  like.  2  Bl.  432. 


AGREEMENT.  23 

work,  dollars  more,  another  part  thereof,  when  the 

said  house  shall  have  been  completely  roofed,  and  the  re- 
maining dollars  in  full  for  the  said  work,  when  the 
same  shall  be  completely  finished  :  And  also  that  he  the 
said  A.  B.  shall  and  will,  at  his  own  proper  expense,  find 
and  provide  all  the  stone,  bricks,  timber,  shingles,  nails, 
hardware,  and  other  materials,  necessary  for  making  and 
building  the  said  house.  And  to  the  performance  of  all  and 
every  the  articles  and  agreements  above  mentioned,  the  said 
A.  B.  and  C.  D.  do  hereby  bind  themselves,  and  their  re- 
spective executors,  administrators  and  assigns. 

In  testimony  whereof,  the  parties  have  hereunto  set  their 
hands  and  seals  the  day  first  above  named. 

A.  B.     L.S. 
C.  D.     L.S. 

In  presence  of  E.  F. 


[5]  For  Sale  of  an  Estate. 

Articles  of  Agreement,  made,  and  agreed  upon,  the  first 
day  of  March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-two,  between  A.  B.,  of,  &.c,  yeoman,  of 
the  one  part,  and  C.  D.,  of,  &c,  merchant,  of  the  other  part, 
as  follows,  to  wit  :  — 

The  said  A.  B  for  the  consideration  herein  after  men- 
tioned, does  covenant,  promise,  grant,  and  agree,  to  and 
with  the  said  C.  D.  his  heirs  and  assigns,  by  these  pre- 
sents, that  he  the  said  A.  B.  will,  on  or  before  the  first  day 
of  May  next  ensuing  the  date  hereof,  at  the  costs  and  charges 
of  the  said  C.  D.  by  such  deed  or  deeds  of  conveyance,  as 
he  or  his  counsel  learned  in  the  law,  shall  advise,  well  and 
sufficiently  grant,  convey,  and  assure,  unto  the  said  C.  D. 
in  fee  simple,  clear  of  all  encumbrances,  all  that,  &c. 

In  consideration  whereof,  the  said  C.  D.  does  covenant, 
promise,  and  agree,  to  and  with  the  said  A.  B.  by  these 
presents,  that  he  the  said  C.  D.  shall  and  will  well  and 
truly  pay,  or  cause  to  be  paid,  unto  the  said  A.  B.,  the  sum 
of  fifteen  hundred  dollars,  in  manner  following,  to  wit  ;  five 
hundred  dollars,  part  thereof,  on  the  delivery  of  the  deed  for 
the  premises  ;  dollars  more  thereof,  on  the  first  day  of 

May,  which  will  be  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-three,  &c. 


24  AGREEMENT. 

And  to  the  true  performance  of  all  and  every  the  cove- 
nants and  agreements  aforesaid,  each  of  the  said  parties 
binds  himself,  his  heirs,  executors,  and  administrators,  unto 
the  other,  his  executors,  administrators,  and  assigns,  firmly 
by  these  presents.  In  witness  whereof,  the  said  parties  to 
these  presents  have  hereunto  set  their  hands  and  seals. 
Dated  the  day  and  year  first  before  written. 

A.  B.     L.S. 
C.  D.     L.S. 

Attest,  E.  F. 


[6]  Another. 

Articles  of  Agreement,  made  and  concluded  this  first 
day  of  March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-two,  between  A.  B.  of  ,  of  the 

one  part,  and  C.  D.  of  ,  of  the  other  part. 

First,  the  said  A.  B.  in  consideration  of  the  sum  of  two 
thousand  dollars  to  him  in  hand  paid  by  the  said  C.  D.  at  or 
before  the  sealing  and  delivery  of  these  presents,  and  of  the 
further  sum  of  two  thousand  dollars,  to  be  paid  as  hereinafter 
is  mentioned,  does  hereby  covenant,  promise,  and  agree,  to 
and  with  the  said  C.  D.  by  these  presents,  that  he  the  said 
A.  B.  (and  all  and  every  other  person  and  persons  whom- 
soever, claiming  or  to  claim  any  right,  title,  or  interest  under 
him  or  any  other  person  or  persons  whomsoever,  of,  in,  or  to 
the  and  premises  hereafter  mentioned)  shall  and  will 

at  the  costs  and  charges  of  the  said  C.  D.  (except  fees  to 
counsel)  on  or  before  the  first  day  of  November  next  ensuing, 
by  such  conveyances,  and  assurances,  in  law  as  he  the  said 
C.  D.  or  his  counsel  shall  reasonably  advise,  or  require, 
well  and  sufficiently  grant,  sell,  convey,  and  assure,  to  the 
said  C.  D.  or  to  whom  he  shall  appoint  and  direct,  all  that 
estate,  &.c,  situated,  &c,  now  in  the  tenure  or  occupation  of 
C.  D.  with  covenants  to  be  therein  contained,  that  the  said 
premises  at  the  time  of  such  conveyance,  are  free  from  all 
encumbrances*  and  demands  whatsoever,  [except,  &c,  and 

*  With  the  exception  of  a  vendor,  or  his  agent,  suppressing  an  en- 
cumbrance, or  a  defect  in  the  title,  it  seems  clear  that  a  purchaser 


AGREEMENT.  25 

all  other  usual  and  reasonable  covenants.]  In  consideration 
whereof,  the  .said  C.  D.  doth  hereby  covenant,  promise, 
and  agree,  to  and  with  the  said  A.  B.  by  these  presents, 
that  he  the  said  C.  D.  shall  and  will  well  and  truly  pay,  or 
cause  to  be  paid,  unto  the  said  A.  B.  the  aforesaid  sura 
of  two  thousand  dollars,  at  the  time  of  executing  the  said 
conveyances. 

And  for  the  true  performance  of  all  and  every  the  cove- 
nants and  agreements  aforesaid,  each  of  the  said  parties  to 
these  presents  does  hereby  bind  himself,  his  heirs,  executors, 
administrators  and  assigns. 

In  witness  whereof,  the  said  parties  to  these  presents  have 
hereunto  set  their  hands  and  seals,  on  the  day  first  above 
written. 

Sealed  and  delivered,  &c. 


difficulties  arise  in  making  out  a  good  title, 
the  purchaser  should  not  take  possession  of  the  estate  until 
every  apparent  obstacle  is  removed.  Purchasers  frequently 
take  possession  under  an  impression  that  it  gives  them  an 
advantage  over  the  vendor  ;  but  this  is  a  false  notion  ;  such 
a  measure  might  be  deemed  an  acceptance  of  the  title. 

If,  however,  the  objections  to  the  title  be  remediable,  and 
the  purchaser  be  desirous  to  enter  on  the  estate,  he  may 
venture  to  do  so,  provided  the  vendor  will  sign  a  memoran- 
dum, importing  that  the  possession  taken  by  the  purchaser, 
shall  not  be  deemed  a  waiver  of  the  objections  to  the  title. 

And  a  purchaser  may  safely  take  possession  of  the  estate, 
where  the  title  is  not  apparently  defective  at  the  time  the 
contract  is  entered  into,  as  he  cannot  be  held  to  have  waved 
objections,  of  which  he  was  not  aware  ;  and  if  the  purchase 
cannot  be  completed  on  account  of  defects  in  the  title,  he 
will  not  be  bound  to  pay  any  rent  for  the  estate,  unless  the 
occupation  of  it  has  been  beneficial  to  him. 

cannot  obtain  relief,  against  a  vendor  for  any  incumbrance,  or  defect 
in  the  title,  to  which  his  covenants  do  not  extend  ;  and  therefore,  if  a 
purchaser  neglect  to  have  the  title  investigated,  or  his  counsel  overlook 
any  defect  in  it,  he  appears  to  be  without  a  remedy.  A  purchaser 
will  be  entitled  to  relief,  on  account  of  any  latent  defects  in  the  estate, 
or  the  title  to  the  estate,  which  were  not  disclosed  to  him,  and  of  which 
the  vendor,  or  his  agent  was  aware.  Sugden,  1. 


AGREEMENT. 


[7]     Agreement  to  be  signed  by  an  Auctioneer  after  a  Sale 
at  Auction. 

I  hereby  acknowledge  that  A.  B.,  of,  &.c,  was  this  day 
the  highest  bidder  for,  and  he  is  hereby  declared  to  be  the 
purchaser  at  auction  of  the  following  described  real  estate 
situated  in  and  described  and  bounded  as  follows 

[describe  the  estate]  which  was  bid  off  by  the  said  A.  B. 
for  the  sum  of  and  that  he  has  paid  into  my  hands  the 

sum  of  as  a  deposit,  and  in  part  of  the  purchase 

money.  *  And  1  hereby  agree  that  the  vendor  shall  in  all 
respects  comply  with  and  fulfil  the  conditions  of  sale. 

Witness  my  hand  at  "  this  first  day  of  March,  A.  D. 
1832.  C.  D.  Auctioneer. 


[8]     Agreement  to  be  signed  by  a  Purchaser  after  a  Sale  at 
Auction. 

I  hereby  agree  that  I  have  this  day  purchased  at  auction 
all  that  estate  situated  in  and  described  and  bound- 

ed as  follows  [describe  the  estate]  for  the  sum  of 
and  I  have  paid  into  the  hands  of  C.  D.  the  auctioneer  the 
sum  of  as  a  deposit  and  as  a  part  payment  of  the 

purchase  money  for  said  estate,  and  I  hereby  promise  to  pay 
the  residue  of  the  purchase  money  according  to  the  condi- 
tions of  the  sale.  And  in  all  respects  to  fulfil  and  comply 
with  said  conditions,  which  are  [state  the  substance  of  the 
conditions] 

Witness  my  hand  at  this  first  day  of  March,  A.  D. 

1832.  A.  B. 


[9]     Agreement  for  the  Sale  of  Goods,  fyc,  on  Appraise- 
ment. 

Articles  of  agreement  made  this  first  day  of  March,  A.  D. 
1832,  between  A.  B.  of,  8tc,  and  C.  D.  of,  &c. 

It  is  hereby  agreed  between  the  said  parties,  that  all  the 

*  These  words  may  be  varied,  as  the  parties  may  agree.     It  might 
be  wise  to  say  as  per  conditions  of  sale  annexed,  and  annex  them. 


AGREEMENT.  27 

articles  of  household  furniture,  goods,  and  utensils,  the  pro- 
perty of  the  said  A.  B.*  being  in  the  dwelling-house  occu- 
pied by  the  said  A.  B.  in  shall  be  appraised  by  E.  F., 
G.  H.,  and  I.  J.,  of,  &c,  on  or  before  the  day 
of  ,  and  if  the  said  E.  F.,  G.  H.,  and  I.  J.,  or  a 
majority  of  them,  will,  on  or  before  the  day  last  aforesaid, 
make  in  writing  and  deliver  their  appraisement  of  the  value 
of  said  household  furniture,  goods  and  utensils,  to  the  parties 
hereto,  then  it  is  further  covenanted  and  agreed  by  the  said 
A.  B.,  and  the  said  C.  D.,  that  the  said  A.  B.  immediately 
after  the  making  and  delivering  of  the  said  appraisement, 
as  aforesaid,  will  make,  execute  and  deliver  an  absolute  bill 
of  sale  of  the  said  furniture,  goods  and  utensils,  and  deliver 
possession  thereof  to  the  said  C.  D.  at  the  prices  at  which 
the  same  shall  be  so  appraised.  And  the  said  C.  D.  does 
hereby  covenant  with  the  said  A.  B.  that  he  the  said  C.  D. 
will  accept  the  said  furniture,  goods  and  utensils,  at  the  ap- 
praisement thereof  so  made  as  aforesaid,  at  the  time  the  same 
shall  be  appraised  and  delivered  as  aforesaid  ;  and  that  he 
will  then  and  there  pay  to  the  said  A.  B.  therefor,  at  the 
appraised  value  thereof  so  to  be  made  as  aforesaid.  And  for 
the  faithful  performance  of  all  the  promises  herein  contained 
on  behalf  of  the  said  A.  B.  and  C.  D.  respectively,  they  the 
said  A.  B.  and  C.  D.  respectively  bind  their  respective  legal 
representatives,  as  well  as  themselves. 

In  witness  whereof  the  parties  have  hereunto  set  their 
hands  and  seals  the  day  and  year  first  above  written. 

A.  B.     L.S. 
C.  D.     L.S. 

In  presence  of 


[10]  For  the  making  of  Bricks. 

Articles  of  agreement,  made,  &c,  between  A.  B.  of,  &c, 
of  the  one  part,  and  C.  D.  of,  &c,  of  the  other  part,  viz. 

The  said  A.  B.,  for  the  considerations  hereunder  mention- 
ed, does  hereby  covenant,  contract,  and  agree,  to  and  with 
the  eaid  C.  D.  as  follows,  viz  :  — 

*  If  it  is  convenient  for  the  parties  to  annex  a  schedule  of  the  articles 
to  be  appraised  it  will  he  well  to  add  at  this  place  the  following  words, 
'  Jl  Schedule  whereof  is  hereto  annexed.'1 


28  AGREEMENT. 

That  he,  the  said  A.  B.  shall  and  will  within  the  space 
of  six  months,  to  be  accounted  from  the  date  hereof,  at  his 
own  costs  and  charges  and  with  good  and  sufficient  materials, 
make  or  cause  to  be  made  in  the  township  of  Blockley,  for 
the  said  C.  D.  thousand  of  good,  hard,  well-burnt, 

and  lawful  bricks,  to  be  all  of  them  full  four  inches  broad, 
full  eight  inches  three-fourths  long,  and  full  two  inches  and 
a  half  thick,  when  burnt,  and  at  his  like  charge,  deliver,  by 
such  parcels  and  quantities  from  time  to  time,  at  the  house 
of  the  said  C.  D.  in  Philadelphia,  as  the  same  shall  be  de- 
manded, or  occasion  shall  require,  for  carrying  on  his  build- 
ings there.  In  consideration  whereof,  the  said  C.  D.  does 
covenant,  promise,  and  agree,  to  and  with  the  said  A.  B. 
that  he  the  said  C.  D.  shall  and  will  provide  clay -ground 
and  place  wherein  to  dig  the  clay  for,  and  to  make  the  said 
bricks  upon,  and  also  truly  pay,  or  cause  to  be  paid  unto  the 
said  A.  B.  three  dollars  for  every  thousand  of  the  said 
bricks  to  be  made  and  delivered  as  aforesaid,  viz.  one  hun- 
dred dollars,  part  thereof,  after  the  said  A.  B.  has  dug  four 
weeks  in  the  ground  towards  making  the  said  bricks,  and 
upon  the  said  A.  B.  giving  his  security  by  bond  with  sure- 
ties for  the  same,  till  the  value  thereof  shall  be  delivered 
of  the  said  bricks,  to  or  for  the  said  C.  D.  as  aforesaid,  and 
after  the  value  of  the  said  one  hundred  dollars  shall  be  so 
delivered  in  as  aforesaid,  then  that  he  shall  and  will  pay  all 
the  remainder  of  the  said  money  to  become  due  as  aforesaid, 
as  the  residue  of  the  said  quantity  of  bricks  shall  be  deliv- 
ered, from  time  to  time  ;  and  if,  after  the  said  quantities 
shall  be  so  delivered,  E.  F.  bricklayer,  and  G.  H.  carpen- 
ter, the  workmen  of  the  said  C.  D.  shall  judge  and  declare 
the  said  bricks  to  be  truly  worth  three  dollars  per  thousand, 
above  the  sum  before  agreed  and  mentioned  ;  then  he  the 
said  C.  D.  shall  and  will  further  pay  the  said  A.  B.  the 
said  three  dollars  per  thousand  for  every  thousand  of  the 
said  bricks  above  the  said  three  dollars  per  thousand  to 
be  paid  as  aforesaid,  when  all  the  said  quantity  shall  be 
made  and  delivered  according  to  the  meaning  of  these  pres- 
ents. 

And  to  the  faithful  performance  of  all  their  promises 
herein  contained,  the  said  A.  B.  and  C.  D.  respectively 
bind  their  respective  legal  representatives  as  well  as  them- 
selves. 

In  testimony  whereof,  8tc. 


AGREEMENT.  29 


[11]     Behcefn  a  Master  and  Overseer,  about  ike  manage- 
ment of  a  Farm. 

Articles  of  Agreement,  made  this        day  of  be- 

tween A.  B.  of,  &c,  of  the  one  part,  and  C.  D.  of,  &c,  of 
the  other  part,  as  follows,  viz  :  — 

Whereas  the  said  A.  B.  hath  agreed  with  and  hired  the 
said  C.  D.  to  be  his  overseer  for  the  well  ordering,  improv- 
ing, and  managing,  for  the  best  and  most  profit  and  advan- 
tage of  the  said  A.  B.  in  good  husband-like  manner  as 
herein  after  mentioned,  all  that  farm,  messuage,  or  tene- 
ment, barns,  stables,  out-houses,  lands,  meadows,  and  pas- 
ture-ground, with  the  appurtenances  thereunto  belonging, 
now  in  the  tenure  or  occupation  of  the  said  A.  B.  situated 
in  Blockley,  and  commonly  called  or  known  by  the  name 
of  Painter's  Grange,  for  the  term  of  one  year  from  the  first 
day  of  April  next  coming,  after  the  date  hereof,  and  so  from 
year  to  year  afterwards  for  and  during  the  term  of  three 
years  more,  if  he  the  said  A.  B.  shall  think  fit  to  retain 
the  said  C.  D.  in  his  said  service,  and  not  otherwise,  at  and 
for  the  yearly  salary  or  wages  of  three  hundred  dollars, 
payable  quarterly  as  herein  after  mentioned  :  Now  it  is 
thereupon  covenanted,  agreed,  and  concluded,  by  and  be- 
tween the  said  parties  to  these  presents,  for  themselves, 
and  their  respective  executors,  administrators,  and  assigns, 
in  manner  and  form  following,  that  is  to  say  :  the  said  C. 
D.  shall  and  will,  with  the  assistance  herein  after  cove- 
nanted to  be  afforded  to  him  by  the  said  A.  B.  in  a  good 
husband-like  manner,  and  at  seasonable  times  in  the  year, 
from  time  to  time  during  so  long  as  he  shall  continue  in  the 
said  service  of  the  said  A.  B.  well  and  sufficiently  plough 
and  keep  in  tillage  the  number  of  one  hundred  acres,  little 
more  or  less,  parcel  of  the  farm  aforesaid,  every  year,  yearly, 
and  shall  and  will  leave  acres  thereof,  to  be  laid  fal- 

low every  other  year,  and  plough  the  same  acres 

three  times  before  it  be  sowed  again  ;  and  shall  sow  or  plant 
the  remaining  acres  at  seasonable  times  in  the  year 

with  such  corn  and  seed  as  the  said  A.  B.  shall  from  time 
to  time  direct  and  appoint ;  and  the  same  so  sown  or  planted 
shall  in  good  husband-like  manner  harrow  or  plough  :  And 
that  he  the  said  C.  D.  with  the  workmen  to  be  furnished 
him  by  the  said  A.  B.  shall,  from  time  to  time,  during  the 
3* 


30  AGREEMENT. 

erm  of  four  years,  or  so  long  thereof  as  he  shall  remain  in 
he  said  service  of  the  said  A.  B.,  at  seasonable  times  in  the 
year,  in  a  good  husband-like  manner  gather,  husk,  and  crib, 
all  the  corn,  and  reap,  cut  down,  and  shock,  all  the  grain 
that  shall  stand,  grow,  or  be  in  or  upon  the  said  farm,  or 
any  part  thereof,  and  do  all  other  things  that  shall  be  con- 
venient for  making  the  same  fit  to  be  housed,  and  then  shall 
fetch  in  and  lay  up  the  same  in  the  barn  belonging  to  the 
farm  :  And  also,  well  and  sufficiently  repair,  maintain,  and 
amend,  the  fences  and  enclosures  of  or  belonging  to  the  said 
farm  and  premises,  in,  by,  and  with,  all  needful  and  neces- 
sary repairs  and  amendments  during  the  said  term :  And 
shall  and  will  manure  all  the  meadows  of  the  said  farm  from 
the  first  day  of  April  to  the  twenty-first  day  of  June,  in  every 
year  that  he  shall  continue  in  the  service  of  the  said  A.  B. 
And  shall  and  will  also,  at  seasonable  times  in  the  year, 
yearly,  during  the  said  term,  in  good  and  husband-like 
manner,  mow  all  the  said  meadows,  and  in  like  manner 
make  up  all  the  hay,  and  carry  it  from  the  said  meadow  to 
the  yard  belonging  to  the  said  farm,  and  there  lay  it  up  in 
a  stack  or  stacks  :  And  shall  and  will  lay  all  the  dung,  soil, 
and  compost,  that  shall  be  made  in  or  about  the  yards  and 
out-houses  belonging  to  the  said  farm,  and  such  other  dung 
and  soil  as  Ihe  said  A.  B.  shall  buy  or  provide  for  that  pur- 
pose, to  and  upon  such  part  of  the  lands  and  grounds  of  the 
said  farm  as  the  said  A.  B.  shall  from  time  to  time  direct 
and  appoint ;  and  at  seasonable  times  in  the  year  shall  there 
spread  the  same  :  In  consideration  of  all  which  premises, 
he  the  said  A.  B.  doth  covenant,  and  agree,  to  and  with 
the  said  C.  D.  by  these  presents,  in  manner  and  form  fol- 
lowing, that  is  to  say  ;  that  he  the  said  A .  B.  shall  and  will 
well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  C.  D., 
the  said  yearly  wages  or  salary  of  three  hundred  dollars, 
during  so  long  of  the  aforesaid  term  of  four  years,  as  he  the 
said  C.  D.  shall  continue  in  the  said  service  and  employment 
of  the  said  A.  B.  on  the  four  quarterly  days,  that  is  to  say, 
on  the  first  days  of  April,  July,  October,  and  January,  in 
equal  portions,  and  shall  during  the  same  time  allow  him  the 
said  C.  D.  to  occupy  with  his  family,  the  following  premises, 
viz.  ;  and  shall  moreover  furnish  him  with  workmen 

of  the  following  descriptions,  viz.  ,  to  be  under  his 

control  and  direction  for  the  purposes  herein  before  particu- 
larly mentioned. 


AGREEMENT.  31 

In  witness  whereof  the  parties  have  hereunto  set  their 
hands  and  seals  the  day  and  year  first  herein  written. 

A.  B.     L.  s. 

C.  D.     L.  s. 
In  presence  of  E.  F. 


[12]         Between  a  House-keeper  and  his  Lodger. 

It  is  agreed,  by  and  between  A.  B.  of  and  C.  D. 

of  ,  as  follows,  viz  :  The  said  A.  B.,  in  consideration 

of  the  rent  herein  after  mentioned  and  agreed  to  be  paid  to 
him,  hath  let  to  the  said  C.  D.  two  rooms,  up  one  flight  of 
stairs,  part  of  the  now  dwelling-house  of  the  said  A.  B. 
situated  in  ,  together  with  the  furniture  at  present 

standing  therein  ;  that  is  to  say,  two  tables,  &.c.  To  hold 
to  the  said  C.  D.  for  the  term  of  three  years,  to  commence 
from  the  first  of  April  next,  at  the  yearly  rent  of  fifty  dol- 
lars, to  be  paid  quarterly,  to  wit,  on  the  first  days  of  July, 
October,  January,  and  April. 

The  said  C.  D.  in  consideration  hereof,  agrees  to  pay  to 
the  said  A.  B.  the  aforesaid  yearly  rent  of  fifty  dollars,  at 
the  times  above  limited  for  payment  thereof;  and  at  the 
end  of  the  term,  or  in  case  of  any  default  in  payment  at 
any  earlier  period,  that  he  shall  and  will,  on  request  of  the 
said  A.  B.  immediately  yield  and  deliver  up  to  him  the 
peaceable  and  quiet  possession  of  the  said  room,  together 
with  the  whole  furniture,  he,  from  the  first  entrance  thereon, 
there  found  and  possessed,  in  good  and  sufficient  order  and 
condition,  reasonable  wear  and  use  only  excepted. 

In  witness  whereof  the  parties  have  hereunto  set  their 
hands  and  seals  this  day  of  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  thirty-two. 

A.  B.     L.  s. 

C.  D.    L.  s. 
In  presence  of  E.  F. 


32  AGREEMENT. 


[13]     For  the  sale  of  a  parcel  of  Trees  growing,  and 
liberty  to  cut  them  down  and  carry  them  aivay,  Sfc. 

Articles  of  Agreement,  made,  Stc,  between  A.  B.,of,  &c, 
of  the  one  part,  and  C.  D.,  of,  &c,  of  the  other  part,  in  man- 
ner following,  that  is  to  say  :  — 

The  said  A.  B.,  in  consideration  of  fifty  dollars,  to  him 
paid,  at  ,  by  the  said  C.  D.,  the  receipt  whereof 

is  hereby  acknowledged,  and  in  consideration  of  the  further 
sum  of  fifty  dollars,  to  be  paid  him  by  the  said  C.  D.,  as 
hereunder  is  mentioned,  has  granted,  bargained,  and  sold, 
and  by  these  presents  does  grant,  bargain,  and  sell,  unto 
the  said  C.  D.,  one  hundred  of  the  oak  trees,  now  stand- 
ing and  growing  in  and  upon  the  farm  called  Brookland, 
in  the  county  of  ,  now  in  the  tenure  of  E.  F.,  which 

the  said  C.  D.  shall  think  fit  to  choose,  together  with  the 
tops  and  bark  of  and  belonging  to  the  said  one  hundred 
trees  hereby  sold.  And  the  said  A.  B.  does  covenant, 
promise,  and  agree  to  and  with  the  said  C.  D.,  by  these 
presents,  that  at  all  or  any  time  or  times,  until  the  , 

which  will  be  in  the  year  of  our  Lord  ,  he  the  said  C. 

D.  shall  and  may  have  free  liberty  of  ingress,  egress,  and 
regress,  into  and  from  all  or  any  part  of  the  lands  and 
grounds  belonging  to  the  farm  aforesaid,  with  his  servants, 
horses,  carts,  and  carriages,  to  choose,  cut  down,  take  and 
carry  away  the  said  one  hundred  trees,  and  the  tops  and 
bark  thereof,  to  and  for  his  own  use  and  uses  ;  and  like 
liberty  to  make  and  dig  saw-pits  in  convenient  places  in  the 
said  grounds,  and  therein  to  saw,  cut  out,  and  convert  all, 
or  so  many  of  the  said  trees  as  he  shall  think  fit,  for 
the  better  conveniency  or  carriage  thereof.  And  the  said 
C.  D.  does  covenant,  promise  and  agree,  to  and  with  the 
said  A.  B.,  by  these  presents,  as  follows;  that  is  to  say, 
that  within  the  time  aforesaid,  he  the  said  C.  D.,  will  choose 
out,  and  at  his  charge  fell,  cut  down,  and  carry  away,  the 
said  one  hundred  trees  so  sold  to  him  as  aforesaid  ;  and  in 
consideration  and  in  full  for  the  purchase  thereof,  shall  and 
will  truly  pay,  or  cause  to  be  paid,  unto  the  said  A.  B.,  the 
sum  of  one  hundred  dollars,  in  the  manner  following,  viz  : 
part  thereof,  on  the  next  ensuing  the  date  of  these 
presents,  and  the  remaining  sum  of  ,  on  the  next 

following.  And  to  the  fulfilment  of  the  foregoing  agreement 


AGREEMENT.  33 

the  parties  res,  Actively  hind  their  respective  legal  represen- 
tatives as  well  as  themselves. 
In  witness,  &c. 


[14]  For  Letting  a  House,  fyc. 

Agreed  the  day  of  ,  hetween  A.  B.  of,  &c, 

of  the  one  part,  and  C.  D.  of,  Sec,  of  the  other  part,  as  fol- 
lows, viz. 

The  said  A.  B.  does  let  unto  the  said  C.  D.,  and  the 
said  C.  D.  agrees  to  take  all  that,  &.c,  for  one  year,  from 
the  first  day  of  January  next,  and  for  such  longer  time  after 
the  expiration  of  the  said  one  year,  as  both  the  said  parties 
shall  agree,  and  until  the  end  of  three  months  after  notice 
shall  be  given  by  either  of  the  said  parties  to  the  other  of 
them  for  leaving  the  said  premises,  at  and  for  the  yearly 
rent  of  dollars,  to  be  paid  quarterly  on  the  first 

Mondays  in  April,  July,  October,  and  January,  by  even 
and  equal  portions,  which  said  yearly  rent  the  said  C.  D. 
does  hereby  covenant  and  agree  to  pay  to  the  said  A.  B. 
[if  freehold  say]  and  his  heirs,  [but  if  otherwise  say]  execu- 
tors, administrators,  and  assigns,  accordingly,  for  so  long 
time  as  he  shall  hold  and  enjoy  the  said  premises  as  afore- 
said, and  until  the  end  of  the  said  three  months  next  after 
notice  shall  be  given  by  either  of  the  said  parties,  to  the 
other  of  them,  for  leaving  the  said  premises  as  aforesaid. 
In  witness,  &.c. 


[15]  For  the  Purchase  of  Cord-wood,  Sfc. 

It  is  agreed  and  concluded  upon,  by  and  between  A.  B., 
of  the  one  part,  and  C.  D.,  of  the  other  part,  that  the  said 
A.  B.  shall  and  does  hereby  sell  to  the  said  C.  D.  all  the 
cord-wood  that  shall  arise  from  certain  trees,  and  parcels  of 
trees,  now  growing  and  standing  on  a  certain  piece  or  parcel 
of  rough  ground,  situated,  &c,  that  he  shall  think  fit  to  sell, 
after  the  rate  of  per  cord,  each  cord  to  be  in  measure 

according  to  the  usual  measure  of  cord-wood. 

And  the  said  A.  B.  does  covenant  and  promise  to  and 
with  the  said  C.  D.,  in  form  following,  viz.: — That  he  the 


34  AGREEMENT. 

said  A.  B.,  at  his  own  costs  and  charges,  shall  and  will  pile 
up  all  and  such  of  the  said  parcel  of  trees  as  he  or  they  shall 
think  fit  to  convert  into  cord-wood  as  aforesaid  ;  —  and  also, 
shall  and  will  permit  and  suffer  the  said  C.  D.,  as  well  to  cut 
and  convert  the  said  cord-wood  into  charcoal,  at  the  lower 
end  of  the  said  piece  of  ground  called  the  Old  Lot,  whereon 
the  said  trees  or  the  greatest  part  of  them  now  stand  ;  and 
also  to  take  the  turf,  dust  and  earth,  from  off  the  premises  of 
the  said  piece  of  ground  and  not  elsewhere,  with  free  liberty 
of  carrying  away  the  same  wood  so  converted  into  charcoal, 
from  off  the  said  premises,  in  the  most  convenient  way  lead- 
ing to  the  road  that  leads  to  aforesaid.  And  the  said 
C.  D.  does  hereby  covenant  and  promise  to  and  with  the 
said  A.  B.,  that  he  the  said  C.  D.  shall  and  will  well  and 
truly  pay,  or  cause  to  be  paid,  the  full  and  entire  sum  of 

per  cord,  for  each  and  every  cord,  measured  as  afore- 
said on  the  first  day  of  April  next. 

In  witness  whereof,  &c. 


[16]       Between  a  Millwright  and  his  Journeyman. 

Articles  of  Agreement,  made  and  concluded  this  tenth 
day  of  February,  A.  D.  1832,  between  A.  B.  of  ,  of 

the  one  part,  and  C.  D.  of  ,  of  the  other  part:  Where- 
as the  said  A.  B.  in  consideration  of  the  monthly  sum  of 
,  to  be  paid  and  allowed  to  him  by  the  said  C.  D.,  as 
hereinafter  is  in  that  behalf  mentioned  and  expressed,  does 
hereby  covenant  and  agree  to  and  with  the  said  C.  D.,  in 
manner  as  follows,  to  wit:  — 

That  he  the  said  A.  B.,  from  the  day  of  the  date  hereof, 
for  and  during  the  full  term  of  three  years,  if  they  the  said 
C.  D.  and  A.  B.  shall  both  so  long  live,  shall  and  will  at 
the  now  dwelling-house  of  him  the  said  C.  D.,  situated, 
&c,  or  at  such  other  place  or  places,  (if  by  him  the  said  C. 
P.,  from  time  to  time  so  required,  ordered,  and  directed) 
work  as  a  journeyman,  and  well  and  truly  and  faithfully  serve 
him  the  said  C.  D.,  in  the  business  of  a  millwright,  carpenter, 
joiner,  turner,  and  in  all  such  other  arts,  mysteries,  and  work, 
as  he  the  said  A.  B.  now  is  or  shall  be  any  way  capable  of 
doing  qr  performing,  during  the  term  aforesaid,  and  that  ac- 
cording to  the  best  of  his  the  said  A.  B.'s  ability,  knowledge, 


AGREEMENT.  35 

and  judgment  therein  ;  and  that  he  the  said  A.  B.,  during 
the  continuance  of  the  said  term,  shall  yearly  work  and  per- 
form the  trade  or  business  aforesaid  for  him  the  said  C.  D., 
in  manner  as  follows,  viz:  —  From  the  twenty-fifth  day  of 
March  to  the  twenty-ninth  day  of  September,  from  the  hours 
of  six  in  the  morning  to  six  in  the  evening,  and  from  the 
twenty-ninth  of  September  to  the  twenty-fifth  of  March, 
from  daylight  to  daylight,  and  that  daily,  (sickness,  Sundays, 
six  days  at  Christmas,  one  at  Whitsuntide,  one  at  Easter, 
the  fourth  day  of  July,  and  such  days  as  he  may  be  lawfully 
required  to  muster  as  a  rnilitia-man,  and  usual  hours  of  break- 
fast and  dinner,  only  allowed  and  excepted:)  And  further, 
that  he  the  said  A.  B.,  during  the  term  aforesaid,  shall  not 
at  any  time  absent  himself  from  such  service  of  the  said  C. 
D.,  nor  work,  do,  or  perform  any  part  of  the  said  trade  or 
business  aforesaid,  for  the  use  or  benefit  of  any  other  person 
or  persons  whomsoever,  without  the  consent  of  him  the  said 
C.  D.,  first  had  in  writing  for  that  purpose.  And  the  said 
C.  D.,  in  consideration  of  the  labour  and  service  to  be  per- 
formed for  him  as  aforesaid  by  the  said  A.  B.,  promises  to 
pay  him  at  the  end  of  each  and  every  month  in  which  he 
shall  serve  him,  the  wages  of  per  month,  and  at  that 

rate  for  a  longer  or  a  shorter  time.  And  it  is  further  agreed, 
that  if,  before  the  close  of  the  term  mentioned  in  this  con- 
tract, either  the  said  A.  B.  or  C.  D.  should  die,  such  death 
shall  be  considered  as  terminating  the  contract.  And  for 
the  faithful  performance  of  all  the  promises  herein  contained, 
the  parties  respectively  bind  their  respective  legal  represen- 
tatives as  well  as  themselves. 
In  witness  whereof,  &.c. 


[17]     Between  a  Master  and  a  Journeyman  or  Hired  Ser- 
vant. 

Articles  of  Agreement,  made,  Stc,  between  A.  B.  of  the 
one  part,  and  C.  D.  of  the  other  part,  as  follows,  that  is  to 
say:  — 

The  said  A.  B.,  for  the  consideration  hereunder  men- 
tioned, does  covenant,  promise,  and  agree,  to  and  with  the 
said  C.  .D.,  by  these  presents,  in  manner  following,  that  is 
to  say,  That  he  the  said  A.  B.  shall  and  will  diligently  serve, 


36  AGREEMENT. 

abide,  and  continue,  with  the  said  C.  D.,  from  the  date  of 
these  presents,  for  and  during,  and  unto  the  full  end  and  term 
of  two  years  now  next  ensuing,  and  diligently  and  faithfully, 
according  to  the  best  and  utmost  of  his  power,  skill,  and 
knowledge,  exercise  and  employ  himself  in,  and  shall  and 
will  during  the  said  term,  do  and  perform  all  such  service 
and  business  whatsoever,  as  well  relating  to  the  trade  of 
which  the  said  C.  D.  now  uses,  as  in  and  about  any  other 
business,  matter,  and  thing  whatsoever,  as  the  said  C.  D. 
shall  from  time  to  time  order,  direct,  and  appoint,  to  and  for 
the  most  profit  and  advantage  of  the  said  C.  D.,  that  he 
can  ;  and  shall  and  will  keep  the  secrets  of  the  said  C.  D., 
relating  to  the  said  trade  and  business;  and  likewise  be  just, 
true,  and  faithful  to  the  said  C.  D.,  in  all  matters  and 
things,  and  no  way  wrongfully  detain,  embezzle,  or  purloin, 
any  money,  goods,  or  things  whatsoever,  belonging  to  the 
said  C.  D.,  and  also  shall  and  will  keep  just,  true,  and 
faithful  accounts  in  the  books  of  the  said  C.  D.,  of  all  the 
goods  bought  and  sold,  money  received  and  paid,  and  of 
all  other  things  whatsoever  relating  to  the  business  of  the 
aaid  C.  D.,  as  shall  be  committed  to  his  care,  management, 
or  disposal  ;  and  from  time  to  time  pay  all  money  which  he 
shall  receive,  of  or  belonging  to,  or  by  the  order  of  the  said 
C.  D.,  into  his  hands,  and  make  and  give  true  and  fair 
accounts  of  all  his  doings  whatsoever  in  his  said  employ- 
ment, without  fraud  or  delay,  when  and  as  often  as  he  shall 
be  thereto  required.  And  in  consideration  of  the  premises, 
and  of  the  several  matters  and  things  by  the  said  A.  B.,  to 
be  performed  as  aforesaid,  the  said  C.  D.  doth  covenant 
and  agree  to  and  with  the  said  A.  B.,  by  these  presents, 
that  he  the  said  C.  D.,  shall  and  will  find  and  provide 
unto  and  for  the  said  A.  B.,  in  his  dwelling-house,  meat, 
drink,  washing,  and  lodging ;  and  also  well  and  truly  pay  or 
cause  to  be  paid  unto  the  said  A.  B.,  the  sum  or  salary  of 
dollars  per  annum,  for  the  first  two  years,  &c,  by 
equal  quarterly  payments  ;  and  shall  and  will  allow  the  said 
A.  B.  such  reasonable  expenses  in  and  about  the  business 
aforesaid,  as  he  the  said  C.  D.  shall  think  fit ;  and  the  said 
parties  do  mutually  covenant  and  agree,  to  and  with  the 
other,  viz.: — That  if  the  said  C.  D.  shall  not  be  willing  to 
continue  the  said  A.  B.  in  his  service  after  the  expiration  of 
the  said  two  years,  or  if  the  said  A.  B.  shall  not  be  willing  to 
serve  and  continue  with  the  said  C.  1).  after  the  expiration 


AGREEMENT.  3? 

of  the  said  two  years,  in  either  of  the  said  cases,  the  said 
parties  shall  and  will  give  each  to  the  other  three  months  no- 
tice of  such  their  minds  and  intention  before  the  expiration 
of  the  said  term.  And  to  the  fulfilment  of  the  promises  and 
conditions  aforesaid,  the  parties  respectively  bind  their  legal 
representatives  as  well  as  themselves. 
In  witness,  &c. 


[18]     For  engaging  a  Person  to  rebuild  Mills,  at  certain 
weekly  tVages. 

Articles  of  agreement  made,  &c,  between  A.  B.  of  , 
C.  D.  of  ,  and  E.  F.  of  ,  of  the  one  part,  and  G. 
H.  of  ,  of  the  other  part  :  — 

First.  The  said  G.  H.,  for  the  considerations  herein- 
after mentioned,  does  covenant,  promise,  and  agree,  to  and 
with  the  said  A.  B.,  C.  D.,  and  E.  F.,  and  each  and  every 
of  them,  that  he  the  said  G.  H.  shall,  on  or  before  the 
next  ensuing  the  day  of  the  date  of  these  presents,  go  to  Mil- 
lerstown,  and  there,  in  a  good  and  workmanlike  manner, 
according  to  the  best  of  his  art  and  skill,  by  and  with  the  di- 
rections of  the  said  A.  B.,  C.  D.,  and  E.  F.,  or  one  of  them, 
well  and  sufficiently  rebuild,  or  cause  to  be  rebuilt,  the 
mills  of,  &c,  with  such  materials  and  workmen  to  be  em- 
ployed under  him,  as  they,  the  said  A.  B.,  C.  D.,  and  E. 
F. ,  or  any  of  them,  shall  find,  appoint,  and  provide  for  the 
same. 

In  consideration  whereof,  they  the  said  A.  B.,  C.  D.,  and 
E.  F.,  do  hereby  covenant,  promise,  and  agree,  to  and  with 
the  said  G.  H.  well  and  truly  to  pay,  or  cause  to  be  paid  to 
the  said  G.  H.,  for  all  such  time  as  he  shall  be  employed  by 
them  the  said  A.  B.,  C.  D.,  and  E.  F.,  or  any  of  them,  in 
rebuilding  the  mills  aforesaid,  weekly  and  every  week,  the 
wages  of  ten  dollars  a  week,  and  so  in  proportion  for  a  less 
time  than  a  week  ;  to  be  paid  to  him  the  said  G.  H.,  by  the 
said  A.  B.,  C.  D.,  and  E.  F.,  some  or  one  of  them,  at  Mil- 
lerstown.  And  also,  that  they  the  said  A.  B.,  C.  D.,  and 
E.  F.,  some  or  one  of  them,  shall  and  will  pay,  or  cause  to 
be  paid,  to  the  said  G.  H.,  over  and  above  the  wages  afore- 
said, the  sum  of  dollars,  for  his  expenses  in  going  to 
and  returning  from  the  said  mills  at  Millerstown.  And  last- 
4 


38  AGREEMENT. 

ly,  the  said  G.  H.  does  covenant,  promise,  and  agree,  to  and 
with  the  said  A.  B.,  C.  D.,  and  E.  F.,  and  every  of  them, 
by  these  presents,  that  he  the  said  G.  H.,  shall  not  absent 
himself  nor  depart  from  the  work  and  rebuilding  aforesaid, 
without  leave  in  writing,  first  had  and  obtained  from  the  said 
A.  JB. ,  C.  D.,  or  E.  F.,  some  or  one  of  them,  for  the  doing 
thereof,  on  pain  of  forfeiting  for  every  day  of  such  absence 
the  sum  of  dollars,  to  be  stopped  and  deducted  out 

of  the  wages  aforesaid.     And  for  the  performance  of  all  the 
covenants  aforesaid,  the  said  parties  and  each  and  every 
of  them  bind  their  respective  executors,  administrators,  and 
assigns,  as  well  as  themselves. 
In  witness,  &c. 


[19]     For  performing  Bricklayers  and  Plasterers  work  in 
Building  a  House. 

Agreed,  &c,  between  A.  B.,  of,  &c,  of  the  one  part,  and 
C.  D.,  of,  &c,  of  the  other  part,  as  follows,  that  is  to  say:  — 

The  said  C.  D.,  for  the  considerations  hereunder  men- 
tioned, does  covenant,  promise,  and  agree,  to  and  with  the 
said  A.  B.  as  follows,  that  is  to  say:  —  That  he  the  said  C. 
D.,  in  sufficient  and  workmanlike  manner,  at  his  own  charge, 
with  the  materials  to  be  for  that  purpose  provided  by  the 
said  A.  B.,  shall  and  will  do  and  perform  all  the  work  and 
workmanship  belonging  to  the  bricklayer  and  plasterer,  in 
and  about  the  erecting  and  building  of  one  good  and  substan- 
tial new  messuage  or  tenement,  in  the  room  and  place  where- 
on lately  stood  a  certain  messuage  or  tenement  belonging  to 
the  said  A.  B.,  late  in  the  occupation  of  Israel  Lodge,. situ- 
ated in  Nashville,  and  will  build  the  same  in  such  manner, 
and  of  such  thickness  of  waHs,  height,  or  stories,  and  with 
such  and  so  many  lights,  chimneys,  and  conveniences,  and  in 
such  manner;  and  will  do  and  perform  such  ornamental  work 
•about  the  said  building  as  the  said  A.  B.,  his  executors,  ad- 
ministrators or  assigns  shall  order  and  direct;  and  that  he  the 
said  C.  D.,  will  use  his  utmost  care  in  working  up  the  said 
A.  B.'s  materials  for  the  said  building  to  the  most  advantage, 
and  will  also  pay  and  discharge  all  his  said  workmen  to  be 
employed  in  and  about  the  same  ;  and  will  completely  finish 
all  the  said  work  and  workmanship  belonging  to  the  brick- 


AGREEMENT.  39 

layer  and  plasterer  for  building  the  said  intended  messuage, 
on  or  before  the  next  ensuing  the  date  hereof.  In 

consideration  of  which  said  works,  so  to  be  done  and  per- 
formed as  aforesaid,  he  the  said  A.  B.,  does  covenant,  pro- 
mise, and  agree,  to  and  with  the  said  C.  D.,  by  these  pres- 
ents, that  he  the  said  A.  B.,  shall  and  will  well  and  truly  pay 
or  cause  to  be  paid  unto  the  said  C.  D.,  for  all  such  work 
which  shall  be  by  him  done  and  performed  in  and  about  the 
said  building,  ornamental  work  excepted,  at  and  after  the 
rate  of  per  1000  for  laying  the  bricks,  and 

per  yard  for  every  yard  which  the  said  plaster  work  shall 
measure,  containing  three  feet  square  for  every  yard  ;  and 
in  full  for  all  the  said  ornamental  work  to  be  done  and 
performed  as  aforesaid  ;  —  and  no  extra  charge  shall  be  al- 
lowed or  made  for  corners,  arches,  jambs,  joints,  fire-places, 
or  any  other  kind  of  work  whatever,  which  is  usually  or  at 
any  time  rated  as  extra,  but  the  whole  is  to  be  measured  as 
plain.  And  the  said  A.  B.  shall  pay  all  the  said  money  in 
manner  following,  to  wit  :  .  And  for  the  perform- 

ance of  the  several  agreements  and  conditions  aforesaid,  the 
parties  hereto  respectively  bind  their  several  executors,  ad- 
ministrators and  assigns,  as  well  as  themselves. 
In  witness  whereof,  &.c. 


[20]  To  erect  Buildings  and  do  other  work. 

Articles  of  Agreement  made  this  first  day  of  March  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
two  between  A.  B.  of  ,  of  the  first  part,  and  C.  D. 
of  ,  of  the  other  part,  as  follows,  to  wit  : 

First,  the  said  A.  B.  does  hereby  covenant  with  the  said 
C.  D.  that  he  the  said  A.  B.  shall  and  will,  on  or  before 
the  day  of  next  ensuing,  in  consideration  of  the 

sum  of  to  be  paid  to  him  as  is  hereinafter  provided, 

build  and  completely  finish  on  ground  belonging  to  the  said 
C.  D.  at  the  several  buildings  set  forth  in  the  sched- 

ule hereto  annexed,  ("or  hereunder  written],  and  also  do  or 
cause  to  be  done  within  said  time  all  and  singular  the  work 
mentioned  in  said  schedule,  according  to  the  plan  and  ele- 
vation thereof,  signed  by  the  parties,  in  a  good  workmanlike 


40  AGREEMENT. 

manner,  to  the  satisfaction  of  the  said  C.  D.  or  any  survey- 
or whom  the  said  C.  D.  shall  for  that  purpose  by  certificate 
in  writing  appoint  :  and  also  shall  and  will  provide  good, 
proper,  and  sufficient  materials  of  all  kinds  whatsoever,  for 
erecting  said  buildings,  and  finishing  said  work  and  build- 
ings. And  it  is  further  agreed  by  and  between  the  parties 
hereto  that  if  the  said  A.  B.  shall  be  guilty  of  any  neglect 
or  delay  in  erecting  and  completely  finishing  said  work  and 
buildings,  the  said  C.  D.  shall  give  notice  in  writing  to  said 
A.  B.  of  such  neglect  or  delay.  And  thereupon  unless 
the  said  A.  B.  within  days  after  such  notice  shall  be 

given,  shall  proceed  to  finish  the  same  according  to  such 
notice,  the  said  C.  D  may  provide  other  workmen  and  ma- 
terials to  finish  what  the  said  A.  B.  shall  so  have  neglect- 
ed. And  the  reasonable  and  just  charges  for  such  workmen 
and  materials  so  to  be  employed  and  provided  by  the  said 
C.  D.  shall  be  by  him  deducted  from  the  sums  which  by 
force  of  this  agreement  he  was  bound  to  pay  to  said  A.  B. 
or  otherwise  by  the  said  A.  B.  paid  to  him  the  said  C.  D. 
And  in  such  case  the  said  A.  B.  shall  not  do  or  suffer  to  be 
done  any  act  or  thing  to  hinder  or  impede  the  said  C.  D. 
or  those  to  be  employed  by  him  in  completing  all  the  work 
which  the  said  A.  B.  shall  so  have  neglected.  And  the 
said  C.  D.  does  hereby  covenant  with  the  said  A.  B.  that  he 
the  said  C.  D.  shall  and  will  well  and  truly  pay  or  cause 
to  be  paid  to  the  said  A.  B.  the  sum  of  within 

days  next  alter  the  said  works  and  buildings  shall 
be  erected  and  completely  finished  as  aforesaid.  Provided 
always,  and  it  is  agreed  by  the  parties  hereto,  that  in  case 
the  said  C.  D.  shall  direct  any  more  work  to  be  done  in 
and  concerning  the  premises,  than  what  is  contained  in  the 
said  schedule,  then  the  said  C.  D.  shall  pay  or  cause  to  be 
paid  to  the  said  A.  B.  so  much  extra  money  as  such  extra 
work  so  done  by  him  shall  be  reasonably  worth.  And 
if  the  said  C.  D.  shall  think  proper  to  diminish  or  omit  any 
part  of  the  work  enumerated  in  said  schedule,  and  give  rea- 
sonable notice  thereof  to  said  A.  B.,  a  reasonable  and  just 
sum  therefor  shall  be  reserved  and  deducted  by  said  C.  D. 
out  of  the  sums  herein  provided  to  be  by  him  paid  to  said 
A.  B.  for  said  work.  And  lastly  it  is  agreed  by  the  parties 
hereto,  that  if  any  disagreement  or  dispute  shall  arise  be- 
tween them,  concerning  any  of  the  performances  of  any  of  the 
things  herein  provided  to  be  done  or  performed  by  either 


AGREEMENT.  41 

party,  such  disagreement  or  dispute  shall  be  referred  to  the 
arbitrament,  determination  and  award  of  three  disinterested 
persons,  one  to  be  nominated  and  in  writing  appointed  by 
each  of  the  parties  hereto,  and  the  third  to  be  named  by  the 
two  who  shall  be  so  named  and  appointed  by  the  said  parties 
as  aforesaid.  And  the  parties  severally  covenant  with  each 
other  that  they  will  respectively  abide  by  and  perform  the 
award  that  shall  be  made  in  the  premises  on  the  arbitration 
to  be  had  as  aforesaid.  And  for  the  performance  of  all 
and  singular  the  covenants,  promises  and  conditions  herein 
contained,  the  parties  respectively  bind  their  respective 
executors,  administrators  and  assigns,  as  well  as  themselves. 
In  witness  whereof,  &,c. 


[21]     For  building  a  House  according  to  a  Plan  annexed. 

Be  it  remembered  that  on  this  day  of  in  the 

year  of  our  Lord  it  is  agreed  by  and  between  A.  B. 

of  ,  and  C.  D.  of  ,  in   manner  and  form 

following,  to  wit  :  The  said  C.  D.  for  the  consideration 
hereinafter  mentioned,  does  covenant,  promise  and  agree 
with  the  said  A.  B.  that  he  the  said  C.  D.  shall  and  will 
within  the  time  of  months  from  and  after  the  date 

hereof,  in  a  good  and  workmanlike  manner,  and  according 
to  the  best  of  his  skill  and  judgment,  at  well  and  sub- 

stantially erect  and  finish  one  dwelling  house,  according  to 
the  draft  or  scheme  hereunto  annexed,  of  the  form  and  dimen- 
sions following,  to  wit :  [insert  the  description],  and  that  he 
will  compose  and  form  the  same  of  such  stone,  brick,  timber, 
lumber,  and  other  materials  as  the  said  A.  B.  shall  find  and 
provide  therefor: — in  consideration  whereof  the  said  A.  B. 
does  covenant  and  promise  to  and  with  the  said  C.  D.  to 
pay  him  the  sum  of  at  the  times  following,  to  wit :  — 

the  sum  of  on,  &,c,  [here  name  the  several  payments 

as  the  work  progresses],  and  the  remainder  of  the  said  sum 
of  as  soon  as  the  said  house  shall  be  completely  fin- 

ished and  completed  according  to  this  contract.  And  it  is 
agreed  that  the  said  A.  B.  shall  at  his  own  expense,  provide 
all  the  materials  of  which  said  house  shall  be  built,  and  de- 
liver them  to  the  said  C.  D.  on  the  spot  where  the  house 
4* 


42  AGREEMENT. 

shall  be  built,  as  soon  and  as  fast  as  he  the  said  C.  D.  shall 
desire  to  use  the  same.  And  for  the  faithful  performance  of 
all  the  covenants,  promises  and  conditions  herein  contained, 
the  parties  hereto  respectively  bind  their  respective  execu- 
tors, administrators,  and  assigns,  as  well  as  themselves. 
In  witness  whereof,  &c. 


[22]      To  take  down  an  old  House  and  build  a  new  one,  thr 
builder  to  find  Materials. 

Articles  of  Agreement,  &c. 

The  said  A.  B.  does  covenant  with  the  said  C.  D.  and 
E.  F.  in  manner  following,  to  wit:  That  he,  the  said  A.  B., 
for  the  consideration  hereinafter  mentioned  will  forthwith 
take  down  the  dwelling  house  situated  in  belonging 

to  the  said  C.  D.  and  E.  F.,  and  occupied  by  them,  and 
upon  the  site  thereof  will  erect,  build  and  completely  finish, 
one  new  dwelling  house  of  not  less  than  fifty  feet  in  length, 
and  forty  feet  in  breadth,  with  a  good  cellar  under  the  whole 
of  it.  The  said  house  shall  be  built  two  stories  high,  with 
four  rooms  on  each  floor.  The  said  house  in  its  materials, 
height  of  the  rooms,  form  of  the  roof,  and  style  of  building, 
shall  be  like  the  dwelling  house  now  occupied  by  in 

said  .     And  the  said  A.  B.  shall  at  his  own  charge 

furnish  all  the  stock  and  materials  of  every  name  and  na- 
ture that  shall  be  required  in  and  about  said  building.  And 
he  shall  remove  and  have  for  his  own  use  the  rubbish  and 
materials  of  the  old  house  which  he  shall  take  down.  And 
he  shall  in  all  things,  in  a  workmanlike  manner,  erect,  build, 
and  completely  finish  the  said  house,  and  deliver  the  same 
to  the  said  ('.  D.  and  E.  F.,  completely  finished,  and  fit 
for  occupation,  on  or  before  (he  first  day  of  next  en- 

suing the  date  hereof.  And  in  consideration  thereof,  and  as 
a  full  compensation  for  finding  said  materials,  and  perform- 
ing said  work,  the  said  C.  D.  and  E.  F.  covenant  with  the 
said  A.  B.  that  as  soon  as  said  house  shall  be  completely 
finished  and  delivered  as  is  herein  provided,  they  will  pay 
to  him  the  said  A.  B.  the  sum  of  .  And  for  the 

faithful  and  punctual  performance  and  fulfilment  of  all  and 
singular  the  covenants,  promises  and  conditions  herein  con- 
tained, the  parties  respectively,  and  each  and  every  of  them, 


AGREEMENT.  43 

bind  their  respective  executors  and  administrators,  as  well 
as  themselves. 

In  witness  whereof,  &c. 


[23]         For  building  a  part  of  a  Turnpike  Road. 

Articles  of  Agreement,  made  this  first  day  of  March,  in 
the  year,  Sec,  by  and  between  A.  B.  agent  of  the  proprietors 
of  the  Turnpike,  of  the  one  part,  and  X.,  Y.,  and  Z., 

of,  &c,  of  the  other  part. 

Whereas  the  said  X.,  Y.,  and  Z,,  have  agreed  with  the 
said  A.  B.  to  make  and  finish  in  a  good  and  workmanlike 
manner  three  miles  of  the  Turnpike  road  of  said  Proprietors, 
being  the  distance  from  to  in  the  location  as  it 

is  now  laid  and  staked  out,  embracing  that  part  of  it  which 
runs  over  hill,  in  the  manner,  and  for  the  price  herein- 

after stated. 

Now  it  is  hereby  covenanted  and  agreed  by  the  said 
X.,  Y.,  and  Z.,  in  consideration  of  the  sum  of  to  them 

to  be  paid  by  the  said  A.  B.  as  is  hereinafter  provided,  and 
in  consideration  of  the  other  covenants  herein  on  the  part  of 
the  said  A.  B.  contained,  that  they  the  said  X.,  Y.,  and  Z., 
shall  and  will,  at  their  own  charge,  forthwith  commence  the 
making  of  said  three  miles  of  said  Turnpike  road,  begin- 
ning at  and  ending  at  embracing  that  part  of 
it  which  runs  over  hill,  and  that  they  shall  and  will 
completely  make  and  finish  the  said  piece  of  said  road  on  or 
before  the  day  of  in  the  manner  following,  that 
is  to  say,  they  will  make  the  said  road  in  all  places  two  rods 
wide,  in  a  good  and  faithful  manner,  so  that  all  horses,  cat- 
tle, carriages,  and  other  creatures  and  things  can  puss  or  be 
drawn  over  the  same  and  every  part  thereof,  with  ease  and 
safety  :  And  the  said  X.,  Y.,  and  Z.,  for  the  consideration 
aforesaid,  covenant  with  the  said  A.  B.  that  in  making  the 
said  three  miles  of  road,  and  every  part  thereof,  they  will  cut 
down  all  the  hills  and  elevations,  and  raise  the  valleys  and 
depressions,  and  remove  all  rocks  and  other  obstructions  in 
such  a  manner  that  in  the  whole  space  of  said  three  miles 
the  ascent  or  elevation  shall  in  no  place  or  part  thereof  ex- 
ceed four  degrees  of  elevation  from  the  horizon ;  and  farther 


44  AGREEMENT. 

that  the  sides  of  the  cuttings  through  the  hills  shall,  in  all 
cases,  in  their  descent  and  projection  towards  the  road,  slope 
so  that  in  no  spot  or  part  the  inclination  shall  be  less  than 
an  angle  of  forty-five  degrees   from  a  perpendicular  line. 
And  the  said  X.,  Y.,  and  Z.,  do  farther  covenant  that  in 
making  the  road  over  the  hill  they  will,  at  the  distance  of 
every  ten  or  twelve  rods,   raise  mounds  in  the  road  of  a 
convenient  height  to  turn  off  the  water  that  may  fall  thereon, 
to  the  sides  thereof,  so-  that  the  road  shall  not  be  washed 
and  gullied  by  the  water  that  may  fall  thereon,  or  pass  over 
it.     And  they  do  farther  covenant  with  the  said  A.  B.  that 
in  making  the  said  road  they  will  elevate  and  crown  it  in  the 
middle,  and  from  side  to  side,  regularly,  so  that  in  the  mid- 
dle it  shall  be  nine  inches  higher  than  at  each  side.     And 
in  soft  or  spongy  ground  they  will  raise  it   in  the  centre 
higher,  as  may  be  required  to  make  it  a  perfect  road  :  and 
that  in  finishing  said  road,  where  the  land  is  soft  or  loamy, 
they  will  deposit  and  spread  good  gravel  to  the  depth  of  at 
least  six  inches  upon  every   part  thereof.     And  that  the 
materials  for  the  base  of  the  road  shall  be  such  that  when 
finished  as  aforesaid,  the  road  shall  be  good  and  perfect  as 
a  thorough  and  well  built  Turnpike  road:  and  that  at  every 
break  or  water  way,  and  at  all  other  places  where  the  same 
shall  be  necessary,  they  will  erect  and  build  good  and  suffi- 
cient stone  bridges,  or  sluices,  for  the  passage  of  the  water 
under  said  road  :    and  that  in  making  said  road  over  low 
ground,  they  will  raise  and  build  the  same  so  high,  that  the 
water  shall  not  overflow  it  at  any  season  of  the  year  :  but 
that  the  said  road  shall  at  all  times  remain  dry,  so  that  it 
may  be  passed  with  ease  and  safety  :   and  that  they  will  not 
suffer  any  stones  or  obstructions  to  remain  on  the  surface  of 
said  road  so  as  to  make  the  travelling  unsafe  or  troublesome. 
And  the  said  A.  B.  does  covenant,  promise  and  agree,  to 
and  with  the  said  X.,  Y.,  and   Z.,  that  they  may,  within 
of  said  road  as  the  same  is  now  laid  out,  take  and 
apply  all  the  materials  which  they  shall  find  suitable  for  the 
building  of  said  road,  and  use  the  same  in  and  about  the 
building  thereof.     And  the  said  A.  B.  in  his  capacity  afore- 
said, does  farther  covenant  with  the  said  X.,  Y.,  and  Z.,  that 
in  consideration  that  they  will  well  and  faithfully  perform  all 
and  singular  the  covenants,  promises,  agreements  and  con- 
ditions herein  on  their  part  contained,  he  will,  as  a  payment 
and  full  consideration  therefor,  pay  to  them  the  full  sum  of 


AGREEMENT.  45 

to  be  paid  at  the  times,  and  in  the  sums  fol- 
lowing, to  wit  :  he  shall  pay  them  the  sum  of,  &c, 
And  to  the  faithful  performance  of  all  and  singular,  the 
covenants,  agreements,  promises  and  conditions,  herein  con- 
tained, the  parties  respectively  bind  their  respective  execu- 
tors, administrators,  successors  and  assigns,  as  well  as 
themselves. 

In  testimony  whereof,  &c. 


[24]     Between  a  Master-shipwright  and  his  Workmen  for 
building  a  Ship,  8fc. 

Articles  of  Agreement  made  between  A  B.,  of,  &c,  of  the 
one  part,  and  X  ,  Y.,  and  Z.,  of,  &.c,  of  the  other  part. 

Whereas  the  said  A.  B.  has  contracted  with  O.  P.,  of, 
&c,  for  building  the  Hull  of  a  new  Ship  of  the  dimensions 
stated  in  their  articles  of  agreement,  dated  a  copy 

whereof  is  hereto  annexed.  Now  it  is  hereby  agreed  be- 
tween the  parties  hereto,  and  they  hereby  mutually  covenant 
and  agree  to  and  with  each  other  to  perform  the  agreements 
herein  on  their  respective  parts  provided.  The  said  X.,  Y., 
and  Z.  agree,  that  for  the  consideration  hereinafter  named, 
they  will,  with  materials  to  be  provided  by  the  said  A.  B.  at 
his  own  charge,  at  his  ship-yard  in  do  and  perform  all 

the  shipwright's  work,  according  to  the  said  agreement  be- 
tween the  said  A.  B.  and  O.  P.  in,  about,  and  for  the  build- 
ing, completing,  and  finishing  the  hull  of  the  said  ship,  in  a 
substantial,  faithful,  and  workmanlike  manner,  to  the  satis- 
faction of  the  said  A.  B.,  and  in  the  manner  that  he  from 
time  to  time  shall  direct.  And  that  they  will  at  their  own 
charge  launch  the  said  ship  —  and  that  she  shall  be  so  fin- 
ished and  launched,  provided  the  said  A.  B.  shall  seasonably 
furnish  the  materials,  on  or  before  the  day  of 

next.  And  the  said  A.  B.  covenants,  that  he  will  pay  the 
said  X.,  Y.,  and  Z.,  for  every  ton  measure  of  the  said  ship, 
her  burthen  or  tonnage  to  be  ascertained  by  carpenter's 
measure,  the  sum  of  dollars,  to  be  paid  in  the  sums 

and  at  the  times  following  ;  that  is  to  say,  [describe  the  sev- 
eral payments  as  per  agreement.]  Arid  for  the  faithful  per- 
formance of  all  the  covenants,  promises  and  agreements, 
herein  provided,  the  parties  hereto,  and  each  and  every  of 


AGREEMENT. 


them,  on  their  respective  parts  bind  their  respective  execu- 
tors, administrators,  and  assigns,  as  well  as  themselves. 
In  witness  whereof,  &c. 


[25]  For  making  a  quantity  of  Shoes. 

Articles  of  Agreement  made  between  A.  B.,  of,  &.c,  of  the 
one  part,  and  C.  D.,  of,  &.c,  of  the  other  part. 

The  said  A.  B.,  for  the  consideration  hereinafter  men- 
tioned, does  covenant  that  he  will,  at  his  own  charge,  make 
for  the  said  C.  D.  one  thousand  pairs  of  new  shoe*,  of  the 
same  quality  of  leather,  goodness  of  workmanship,  and  size, 
and  in  all  respects  according  to  the  pattern  or  sample  agreed 
on  by  the  parties,  on  which  both  the  parties  have  written  their 
names,  and  placed  thereon  the  date  of  this  agreement,  and 
which  sample  is  in  the  hands  of  the  said  C.  D. ;  and  to  de- 
liver the  same  to  the  said  C.  D.,  at  within 
months  from  the  day  of  the  date  hereof.  And  the  said  A.  B. 
shall  find  the  leather  and  all  other  materials  for  making  said 
shoes,  and  be  at  all  and  every  charge  the  same  concerning. 
And  in  consideration  thereof,  and  in  full  payment  therefor, 
the  said  C.  D.  does  covenant  to  pay  the  said  A.  B.,  the  sum 
of  for  each  and  every  pair  of  said  shoes  within 
months  from  the  time  the  same  shall  be  finished  and  deliver- 
ed as  aforesaid.  And  it  is  agreed,  if  the  said  shoes  shall 
not  be  made  agreeably  to  said  pattern  —  and  for  that  reason 
shall  be  rejected  by  said  C.  D.,  then  the  said  A.  B.  shall 
take  back  such  rejected  shoes,  and  deliver  other  good  ones 
instead  thereof.  But  if  the  said  A.  B.  shall; insist  that  said 
shoes  are  good,  and  such  as  are  required  by  this  agreement, 
then  the  question  of  their  sufficiency  shall  be  determined 
by  three  arbitrators,  one  to  be  chosen  by  each  of  the  parties 
hereto,  and  a  third  by  those  two  ;  and  the  decision  of  the 
majority  of  such  arbitrators,  on  a  hearing  of  the  parties,  or 
notice  to  them  to  be  heard,  shall  be  binding  on  the  parties. 
In  witness  whereof,  See. 


[26]  For  the  Freight  of  a  Ship. 

Articles  of  Agreement  made  this  day  of 

between  A.  B.,  master  and  commander  of  the  ship 


AGREEMENT.  47 

of  about  tons  burthen,  now  at  the  wharf,  at,  &c, 

and  bound  on  a  voyage  to  ,  of  the  one  part,  and 

C.  D.,  of,  Stc,  of  the  other  part. 

The  said  A.  B.,  for  the  consideration  hereinafter  named, 
does  covenant  with  the  said  C.  D.,  that  the  vessel  aforesaid 
shall  with  all  reasonable  expedition  and  despatch,  be  made 
ready  to  proceed  to  sea,  and  well  found,  manned,  and  pro- 
vided in  all  respects  to  undertake  a  voyage  from  where  she 
now  lies,  to  ,  and  that  he  the  said  A.  B.,  will  forth- 

with receive  on  board  the  said  vessel  for  the  said  C.  D. 
provided  he  will  furnish  the  same,  the  goods  described  as 
follows  :  —  [here  enumerate  them]  and  within  days 

from  the  day  of  the  date  hereof,  wind  and  weather  permit- 
ting, the  said  A.  B.  will  sail  with  the  said  vessel  for  the  said 
port  of  ,  and  on  arriving  there,  the  dangers  of  the  seas 

and  other  maritime  risks  excepted,  he  will  deliver  the  said 
goods,  in  the*  like  good  order  in  which  they  shall  be  received 
on  board  said  vessel,  to  the  said  C.  D.  or  his  assigns. — 
And  the  said  C.  D.(  covenants  with  the  said  A.  B.,  that  he 
will  forthwith  deliver  on  board  his  said  vessel  to  be  trans- 
ported as  aforesaid,  the  goods  herein  before  enumerated  ; 
and  that  on  their  transportation  as  aforesaid  to  the  said 
,  he  will  receive  the  same  from  on  board  the  said 
vessel,  and  then  and  there,  on  the  receipt  thereof,  that  he 
will  pay  to  the  said  A.  B.,  for  the  transportation  thereof,  the 
sum  of  [here  name  the  freight  and  primage.] 

In  witness  whereof,  &c. 


[27]      To  beij  equal  charges  in  a,  Lawsuit  to  be  brought  for 
the  recovery  of  an  Estate- 

Articles  of  Agreement  between  A.  B.  and  C.,  &c.  Where- 
as [recite  the  grounds  of  the  contemplated  controversy^  by 
reason  whereof  a  suit  or  suits  may  be  commenced  ;  and 
whereas  it  is  agreed  by  the  said  parties  that  each  of  them 
shall  pay  his  equal  share,  according  to  his  interest  in  said 
estate,  of  all  the  just  and  reasonable  charges  and  expenses 
in  and  concerning  the  suit  or  suits  so  to  be  commenced. 
Now  it  is  hereby  agreed  by  and  between  the  said  A.  B.  and 
C.,  and  each  and  every  of  them  covenants  with  each  and 
every  of  the  other  of  them,  that  they  will  respectively  pay 


48  AGREEMENT. 

each  to  the  other,  their  just  and  proportionate  shares  as  afore- 
said, of  each  and  all  the  sums  which  either  of  them  shall 
pay  for  or  on  account  of  the  charges  and  expenses  which 
may  arise  in  and  about  said  contemplated  suit  or  suits.  And 
to  the  performance  of  the  above  engagements,  the  subscribers 
hereto  severally  bind  their  legal  representatives  as  well  as 
themselves. 

In  witness  whereof,  &c. 


[28]  Between  several  to  pay  their  proportions  of  the  ex- 
penses of  defending  a  Lawsuit,  which  is  expected  to  be 
brought  against  them,  or  one  of  them,  for  the  recovery  of 
Land. 

Articles  of  Agreement  made  between  A.,  B.,  €»•,  and  D.,  of, 
&c.     Whereas  O.  P.  possesses  a  tract  of  land  in 
adjoining  the  estate  in  said  held  in  common  by  said 

A.,  B.,  C.,  and  D.;  and  the  said  O.  P.  contends,  that  his 
line  should  run  so  as  to  embrace  a  part  of  the  said  estate 
claimed  by  the  said  A.,  B.,  C.,  and  D.;  and  he  has  threat- 
ened, and  intends  to  commence  a  suit'  therefor  against  the 
said  A.  B.,  C.,  and  D.,  or  one  or  some  of  them.  Now  the 
several  persons  parties  hereto,  covenant  and  agree  each  and 
every  of  them  with  each  and  every  of  the  others,  that  they 
will  respectively  bear  and  pay  each  and  every  of  them  to 
each  and  every  of  the  others,  one  equal  fourth  part  of  all 
the  just  and  necessary  charges  and  expenses  J^hich  each,  or 
either  of  the  persons,  parties  hereto,  shall  pafcn  or  respect- 
ing the  defence  of  said  expected  suit.  And  Bthe  perform- 
ance of  the  covenants  and  promises  aforesB^  the  persons 
parties  hereto  respectively  bind  their  respective  legal  repre- 
sentatives as  well  as  themselves. 

In  witness  whereof,  Sic. 


[29]      To  take  and  hold  parts  of  a  Ship  to  be  built,  and  to 
pay  proportions  of  the  prime  Cost  and  Outfit. 

We,  who  have  hereunto  set  our  hands  and  seals,  all  of 

,  merchants,  do  hereby  severally  covenant  and 

agree  to  and  with  A.  B.,  of  ,  merchant,  that  we  will 


AGREEMENT.  49 

severally  take  of  said  A.  B.,  and  hold  the  several  parts  by 
us  herein  under  respectively  subscribed  for,  of  a  new  ship  to 
be  of  the  burthen  of  about  five  hundred  tons,  for  the  building 
of  which  the  said  A.  B.  has  contracted  with  C.  D.,  of,  &c, 
of  which  ship,  when  completed  and  fitted  for  sea,  we  agree 
that  E.  F.,  of,  &c,  shall  go  master —  and  we  further  agree 
severally  with  said  A.  B.,  that  we  will  severally  pay  him 
our  just  and  respective  portions  of  the  cost  of  building  said 
ship  as  the  same  may  be  payable  on  his  said  contract  with 
said  C.  D.,  and  also  that  we  will  pay  him  our  respective 
portions  of  all  charges  and  costs  of  rigging  said  ship  and 
completely  fitting  her  for  sea,  to  go  on  such  a  voyage  as  the 
major  part  of  the  owners  shall  agree.  And  for  the  faithful 
performance  of  the  foregoing  promises,  we  severally  and  not 
jointly  bind  ourselves,  and  our  respective  executors  and  ad- 
ministrators. 

In  witness  whereof,  Stc. 


[30]        Between  a  Merchant  and  his  Book-keeper. 

Articles  of  Agreement  made  this  day  of 

between  A.  B.,  of  ,  merchant,  of  the  one  part,  and 

C.  D.,  of  IK  ,  book-keeper,  of  the  other  part.     It  is 

agreed  by  the  Arties,  that  the  said  C.  D.  shall  well  and 
faithfully  serve  the  said  A.  B.  as  a  book-keeper,  and  other- 
wise in  or  abouanis  mercantile  operations,  in  the  counting 
room  of  said  A.j^,  or  elsewhere,  at  his  pleasure  ;  and  the 
said  C.  D.  shaflftiligently,  during  the  term  aforesaid,  and 
with  constancy  •I've  the  said  A.  B.  in  his  business  as  he 
shall  direct,  andfjierein  he  shall  obey  and  perform  all  the 
reasonable  directions  of  the  said  A.  B.,  without  disclosing  his 
correspondence  or  the  affairs  of  his  business-operations  to 
any  person  whatsoever: — And  the  said  C.  D.  shall  not 
correspond  with  any  of  the  correspondents  of  said  A.  B. ,  nor 
shall  he  carry  on  any  traffic  or  business  for  his  own  account 
during  the  term  aforesaid,  without  the  consent  of  said  A.  B. 
first  had  in  writing.  And  the  said  C.  D.  further  covenants, 
that  during  the  term  aforesaid,  he  will  keep  true  and  perfect 
accounts  for  said  A.  B.,  and  that  he  will  not  waste  or  em- 
bezzle the  goods  or  effects  of  said  A.  B. ;  and  also  that  he, 
the  said  C.  D.,  will  from  time  to  time,  during  said  term,  on 


50  AGREEMENT. 

request,  make  and  deliver  to  said  A.  B.,  in  writing,  a  just 
and  perfect  account  of  all  the  money  which  the  said  C.  D. 
shall  receive  and  pay  out ;  and  of  all  the  goods  and  commod- 
ities which  he  shall  receive  from  and  deliver  to  any,  and  all 
persons,  on  account  of  the  said  A.  B. ;  and  also  that  he,  the 
said  C.  D.,  will  not  sell  or  deliver  any  of  the  goods  of  said 
A.  B.  to  any  person  without  the  consent  of  said  A.  B. 

And  the  said  A.  B.  covenants  with  the  said  C.  D.,  that  he 
will  pay  him  for  his  services  so  to  be  rendered  as  aforesaid, 
the  annual  sum  of  ,  to  be  paid  quarter-yearly  from 

the  day  of  the  date  hereof,  in  sums  of  each. 

In  witness  whereof,  &c. 


[31]     Between  the  Owner  of  a  Ship  and  a  Surgeon. 

Articles,  Stc,  between  A.  B.,  of,  &c,  owner  of  the  ship 
Dolphin,  of  the  one  part,  and  C.  D.,  of,  &c,  surgeon,  of  the 
other  part. 

The  said  A.  B.,  for  the  considerations  hereinafter  men- 
tioned, agrees  to  find  the  said  C.  D.  at  the  cost  of  the  said 
ship,  during  her  intended  voyage  to  and  thence  home, 

with  lodging  in  the  cabin  of  said  ship,  and  necessary  and 
convenient  provisions,  and  all  other  accontoodations  for  his 
passage  in  said  vessel  during  said  voyaglll  And  the  said 
C.  D.  agrees,  during  said  voyage,  and  during  the  continu- 
ance of  said  ship  at  all  parts  and  places  unjfl  the  termination 
of  said  voyage,  that  he  will  out  of  the  s^B  ship's  medicine 
chest,  (to  be  fully  provided  with  all  nejHsary  drugs  and 
medicines  and  instruments  of  surgery,  ntBc  charge  of  said 
A.  B.,)  administer  and  apply  unto  the  •pter  and  all  the 
company  of,  and  passengers  on  board  saicnship,  from  time  to 
time  during  said  voyage,  all  such  medicines  and  applications 
in  physic  and  surgery,  as  shall  be  necessary  and  proper  dur- 
ing said  voyage,  according  to  his  best  skill  and  knowledge  ; 
and  also  that  he  will,  during  the  said  voyage,  perform  all 
necessary  and  proper  surgical  operations  on  all  persons  on 
board  said  ship.  And  the  said  A.  B.  covenants  with  the  said 
C.  D.,  that  he  will  pay  him  as  wages,  during  the  said  voy- 
age, at  and  after  the  rate  of  dollars  per  month. 

In  testimony  whereof,  &c. 


AGREEMENT.  51 


[32]     For  providing  a  Subscription  Plate  to  be  run  for. 

We,  whose  names  are  hereunto  subscribed,  in  order  to 
encourage  an  association  of  gentlemen  of  the  county  of 

,  for  obtaining  a  breed  of  good  and  able  horses,  have 
severally  promised  and  agreed,  and  by  these  presents  do  on 
this  day  of  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  thirty-two,  severally  covenant 
and  agree  to  and  with  each  other  in  manner  and  form  follow- 
ing, that  is  to  say  :  — 

1.  It  is  agreed  that  on  or  before  the  day  of 

next,  a  plate  shall  be  provided  by  A.  B.,  of,  &.c,  as  steward 
of  the  association,  according  to  the  subscriptions  hereunder 
written,  to  be  run  for  on  the  course  at  on 

by  any  horse,  mare,  or  gelding  whatsoever,  that  shall  be 
duly  entered  for  the  purpose,  (excepting  such  horse,  mare, 
or  gelding,  as  shall  have  won  the  value  of  in  plate 

or  money  at  any  one  time  ;)  —  and  that  every  such  horse, 
mare,  or  gelding,  that  shall  run  for  said  plate,  shall  be  obliged 
to  carry  pounds  weight. 

2.  That  said  plate  shall  be  won  by  running  the  best 
of  three  heats  on  said  course,  (each  heat  being  four  miles  or 
thereabout,  as  the  course  is  now  laid  out ;)  and  that  half  an 
hour  shall  be  allowed  to  rub  and  refresh  suc.h  horses,  &c, 
between  the  heats. 

3.  That  if  any  horse,  &c,  that  shall  run  for  the  said  plate, 
shall  run  on  the  wrong  side  of  any  post,  such  horse,  &c,  shall 
immediately  return  to  the  same  post  which  he  so  left  on  the 
wrong  side,  and  fun  as  he  ought  to  do,  or  shall  lose  the  right 
of  contending  for  the  said  plate. 

4.  That  if  any  horse,  &c,  shall  be  distanced  in  any  of  the 
three  heats  aforesaid,  such  horse,  &c,  so  distanced,  shall 
not  run  any  more,  nor  shall  the  owner  thereof  have  any  ben- 
efit of  the  said  plate  ;  and  if  any  horse,  &c,  shall  happen  to 
distance  all  the  rest,  then  the  owner  of  such  horse,  &c,  shall 
have  the  said  plate  without  any  more  riding.  —  And  if  any 
horse,  8tc,  shall  win  two  heats,  and  shall  not  be  distanced  in 
the  third  heat,  then  the  owner  of  such  horse,  &c,  shall  have 
the  said  plate. 

5.  That  if  three  several  horses,  &c,  shall  in  running  for 
the  said  plate,  win  each  of  them  a  heat,  such  three  horses, 
&c,  only,  and  none  other,  shall  run  the  fourth  heat,  and  that 


52  AGREEMENT. 

horse,  &c,  that  wins  the  fourth  heat,  shall  be  deemed  the 
winning  horse,  and  the  owner  thereof  shall  win  the  plate. 

6.  That  it  shall  be  lawful  for  the  owner  of  any  horse,  Stc, 
that  shall  run  for  the  said  plate,  to  choose  a  trier,  (such  trier 
not  betting  on  either  side,)  to  judge  which  horse,  &c,  comes 
first  to  the  distance  and  ending  posts  ;  provided  he  gives 
the  name  of  such  trier,  to  the  steward,  before  the  first  time 
of  starting. 

7.  That  every  person  who  shall  ride  for  the  said  plate, 
shall,  at  his  alighting  at  the  end  of  every  heat,  be  obliged  to 
weigh  himself,  and  if  he  weighs  less  than  pounds, 
or  refuses  to  be  weighed,  such  person,  or  the  owner  of  the 
horse,  &c,  he  rode  shall  lose  the  benefit  of  said  plate. 

8.  That  all  horses,  &c,  that  run  for  the  said  plate,  shall 
be  obliged  to  start  between  the  hours  of  two  and  four  o'clock 
in  the  afternoon  ;   and  the  owner  of  such  horse,  &c,  that  is 
not  ready  to  start  at  that  time,  shall  lose  his  chance  of  gain- 
ing the  said  plate  ;  and  the  rest  of  the  horses,  8tc,  may  start 
without  him  ;   and  notice  of  starting  at  each  time  shall  be 
given  by  some  martial  instrument,  under  the  direction  of  the 
steward. 

9.  That  no  person  shall  run  any  horse,  &c,  for  said  plate 
who  has  not  actually  and  bona  fide  been  his  owner  for  two 
months  next  before  the  time  of  running  ;  and  no  horse,  &c, 
shall  run  for  said  plate,  the  size,  colour,  or  mark,  and  name 
of  which,  together  with  the  name  of  the  owner,  shall  not  have 
been  entered  with  the  steward  in  a  book  to  be  kept  for  that 
purpose :  and  such  entry  shall  be  made  by  request  of  the 
owner,  or  his  deputy,  on  the  day  of  next,  be- 
tween the  hours  of  nine  o'clock  in  the  morning  and  six  o'clock 
in  the  evening,  at             ,  in  the  said  county  ;  at  which  time 
and  place,  every  horse  intended  to  be  run  for  the  said  plate, 
shall  be  exhibited  ;  otherwise  he  shall  be  excluded  from  the 
race  ;   and  it  is  agreed  that  every  horse,  &c,  so  entered, 
shall,  from  the  day  of  said  entry  till  the  time  of  the  race,  be 
kept  in              aforesaid,  at  the  stable  of  some  public  Inn- 
keeper, who  shall  contribute  towards  a  galloway  plate. 

10.  That  for  and  upon  the  entry  of  each  horse,  &c,  as 
aforesaid,  the  owner  thereof  shall  pay  to  the  steward,  the 
sum  of  if  a  subscriber  for  the  plate,  and  if  not,  ho 
shall  pay  to  the  steward  on  such  entry  the  sum  of  ; 
which  money  shall  be  applied  to  defray  the  expenses  of  the 
occasion,  and  of  the  purchase  of  said  plate. 


AGREEMENT.  *  53 

1 1.  That  the  steward  shall,  before  the  said  day  of 

next,  cause  the  course  and  posts  to  be  put  in  good 
and  proper  repair  and  order,  the  expense  of  which,  and  all 
other  expenses  in  preparation  for  the  race,  shall  be  paid  out. 
of  the  funds  subscribed  or  paid  as  aforesaid;  and  the  steward 
shall  give  seasonable  public  notice  in  the  newspapers,  of  the 
times  of  entering  and  running  as  aforesaid. 

12.  That  if  any  difference  in  opinion  between  persons 
concerned,  shall  arise  as  to  the  true  meaning  of  these  arti- 
cles, or  any  of  them,  the  same  shall  be  determined  and  set- 
tled by  a  majority  of  the  subscribers  then  present;  and  their 
determination  in  the  premises  shall  be  final  and  conclusive. 

Witness  our  hands  and  seals  this  first  day  of  March,  A. 
D.  1832. 


[33]  For  a  Horse  Race. 

Articles  of  Agreement  made,  &c,  between  A.  B.  of,  Sic, 
of  the  one  part,  and  C.  D.,  of,  Stc,  of  the  other  part. 

The  said  A.  B.  covenants  with  the  said  C.  D.,  that 
on  the  day  of  next,  a  black  gelding  be- 

longing to  Y.  Z.,  called  The  Flying  Dragon,  shall,  sick  or 
well,  run  the  Four  mile  course  at  against  the  gray 

gelding  belonging  to  the  said  C.  D.,  called  The  Griffin  ; 
and  the  said  C.  D.,  in  like  manner,  covenants  with  the  said 
A.  B.,  that  the  said  gray  gelding,  called  The  Griffin,  shall 
on  the  said  day  of  next,  sick  or  well,  ruu 

the  said  Four  mile  course  against  the  said  black  gelding, 
called  The  Flying  Dragon.  And  it  is  mutually  agreed, 
that  if  the  said  black  gelding  comes  out  first  at  the  end  of 
said  course,  according  to  the  judgment  of  a  majority  of  three 
disinterested  persons,  for  that  purpose  to  be  previously 
named  by  the  parties  hereto,  then  the  said  C.  D.  shall  pay 
to  the  said  A.  B.  the  sum  of  five  hundred  silver  dollars  ; 
and  that  if  the  said  gray  gelding  comes  out  first  at  the  end 
of  the  said  course,  according  to  the  judgment  of  the  majority 
of  the  three  disinterested  persons  to  be  selected  as  aforesaid, 
then  the  said  A.  B.  shall  pay  to  the  said  C.  D.  the  sum  of  two 
hundred  and  fifty  silver  dollars.  And  it  is  further  mutually 
agreed,  that  each  horse  in  said  race  shall  carry  ten  stone 
weight ;  and  further,  that  the  stakes  shall  be  forthwith  de- 
5* 


54  APPOINTMENT. 

posited  in  the  hands  of  O.  P.,  of,  &c,  to  be  paid  to  the  win- 
ning party  according  to  this  agreement.  And  it  is  also  further 
agreed,  that  if  either  of  the  said  horses  shall  fail  to  run  as  is 
herein  provided,  the  party  undertaking  for  such  horse  shall 
forfeit  and  lose  his  wager,  and  the  whole  of  said  wager  shall 
be  paid  by  said  O.  P.  to  the  other  party,  in  the  same  manner 
as  if  said  horse  had  actually  run  and  lost. 
In  witness  whereof,  &c. 

Note.  —  In  all  indentures  or  memorandums  of  agreement 
between  two  or  more  parties,  the  date  may  properly  be  either 
at  the  commencement  or  close  of  the  contract;  as 

Memorandum  of  Agreement  made  this  day  of, 

&c,  by  and  between,  &c  —  in  which  case  the  close  should 
be  —  In  testimony  whereof  the  parties  have  hereunto  set 
their  hands,  [or  hands  and  seals,]  on  the  day  first  herein 
written  ;  —  or  the  date  may  be  omitted  at  the  commence- 
ment, and  inserted  at  the  close,  in  the  manner  it  is  usually 
done  in  deeds. 

In  all  sealed  instruments  or  written  contracts,  it  is  well  to 
have  a  witness  to  the  signatures,  and  it  may  be  under  these 
terms: — In  presence  of — or,  Sigtied,  sealed,  and  delivered 
in  presence  of —  or  simply,  •Attest, 


APPOINTMENT. 

[1]  Of  a  Guardian,  by  a  Minor. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  , 

son  and  heir  of  C.  B.,  late  of,  &c,  deceased,  being  above 
the  age  of  fourteen  years,  namely,  of  the  age  of  about  fifteen 
years,  have  nominated,  elected,  chosen  and  appointed,  and 
by  these  presents  I  do  nominate,  elect,  choose  and  appoint 
Y.  Z.,  of,  &c,  to  be  the  guardian,  both  of  my  person  and  of 
my  estate,  real  and  personal,  until  I  shall  attain  the  full  age 
of  twenty-one  years. 

In  witness  whereof  1  have  hereunto  set  my  hand  and  seal 
this  day  of 

A.  B.     L.  s. 

Attest, 


APPOINTMENT.  55 

Note.  —  Many  of  the  States  have  statute  provisions  on 
this  subject,  which  render  an  appointment  in  the  above  form 
invalid.  In  such  case,  the  provisions  of  the  statute  must  be 
followed. 


f2]  Of  a  Guardian  by  a  father  for  his  son. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city 
of  Charleston,  in  the  state  of  South  Carolina,  planter,  divers 
good  causes  and  considerations  me  thereunto  moving,  have 
committed  and  disposed  of,  and  by  these  presents  I  do  com- 
mit and  dispose  of  the  custody,  tuition,  superintendence  and 
education  of  my  son,  C.  B.,  to  Y.  Z.,  of  said  city,  mer- 
chant, from  and  immediately  after  my  decease,  until  my  said 
son  shall  attain  the  full  age  of  twenty-one  years.  And  if  it 
shall  so  happen  that  the  said  Y.  Z.  shall  die  before  me,  or 
before  my  said  son  shall  arrive  at  the  full  age  of  twenty-one 
years,  then  and  in  such  case  I  do  commit  and  dispose  of 
such  custody,  tuition,  superintendence  and  education  of  my 
said  son  as  aforesaid,  to  W.  X.,  of  said  city,  Esquire.  And 
I  do  request  the  said  Y.  Z.  or  W.  X.  as  the  case  may  be, 
on  the  happening  of  the  events  aforesaid,  to  assume  and  ex- 
ercise the  trust  herein  provided,  for  the  benefit  of  my  said 
son. 

In  witness  whereof,  &.c  —  (As  in  [1]  ) 
Signed  and  sealed  in 

presence  of  us 

[  Two  witnesses  must  sign."] 

Note.  —  Till  the  age  of  twenty-one,  the  empire  of  a  father 
over  his  child  continues,  even  after  his  death  ;  for  he  may, 
by  deed  or  will,  appoint  a  guardian  to  any  of  his  children, 
unmarried  and  under  age,  to  continue  till  such  child  attains 
the  full  age  of  twenty-one  years,  or  for  a  less  time.* 

In  some  of  the  States,  statute  provisions  supersede  this 
mode  of  appointment,  or  otherwise  provide  for  it. 

*  1  Blackstone's  Commentaries,  462.     Note  3. 


56  ASSIGNMENT. 

ASSIGNMENT. 

[I]  Of  Dower. 

An  Indenture  made  on  this  day  of  •  be- 

tween A.  B.,  of,  &c,  son  and. heir  of  C.  B.,  late  of  , 

Esquire,  of  the  one  part,  and  D.  B.,  widow  and  relict  of  the 
said  C.  B.,  of  the  other  part. 

Whereas  the  said  C.  B.,  in  his  life  time,  and  at  the  time 
of  his  death,  was  seized  in  his  demesne  as  of  fee,  of  divers 
lands  and  tenements  in  which  upon  the  decease  of 

said  C.  B.,  descended  to  the  said  A.  B.  Now  this  inden- 
ture witnesses,  that  the  said  A.  B.  has  endowed  and  as- 
signed, and  by  these  presents  he  does  endow  and  assign  unto 
the  said  D.  B.,  the  third  part  of  the  said  lands  and  tene- 
ments, to  wit,  all  that  messuage,  &c,  [here  describe  it  par- 
ticularly.^ To  have  and  to  hold  the  same  to  her  the  said  D. 
B.,  as  and  for  her  dower  in  the  lands  and  estate  which  was 
of  the  said  C.  B.,  for  and  during  the  term  of  the  natural 
life  of  her  the  said  D.  B.,  in  severally  by  metes  and  bounds 
as  aforesaid,  in  full  recompense  and  satisfaction  of  all  the 
dower  which  the  said  D.  B.  ought  to  have  of,  or  in  the 
lands  and  tenements  which  were  of  the  said  C.  B.  in  his  life 
time. 

In  testimony  whereof,  &c. 


[It]  Of  Dower  —  another  form. , 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of,  Sec, 
son  and  heir  of  C.  B.,  late  of  ,  Esquire,  in  con- 

sideration that  D.  B.,  of,  &c,  widow,  was  the  wife  of 
the  said  C.  B.,  and  is  entitled  to  her  dower  in  all  the  lands 
whereof  the  said  C.  B.  died  seized  and  possessed,  and 
which  on  the  decease  of  the  said  C.  B.  descended  to  the 
said  A.  B.,  have  endowed  and  assigned,  and  by  these  pre- 
sents I  do  endow  and  assign  unto  her,  the  said  D.  B.,  one 
full  third  part  of  all  the  lands  and  tenements  of  which  the 
said  C.  B.  died  seized  and  possessed,  and  which  on  his  de- 
cease descended  to  me,  the  said  A.  B.,  as  his  heir,  which 
one  third  part  so  endowed  and  assigned  is  described  and 


ASSIGNMENT.  57 

bounded  as  follows,  to  wit,  [here  describe  the  premises  as- 
signed.] 

To  have  and  to  hold  the  same  to  her,  the  said  D.  B.,  in 
severally,  for  and  during  her  natural  life  in  the  name  of  dow- 
er, and  in  recompense  and  satisfaction  of  all  the  dower,  which 
the  said  D.  B.  ought,  or  is  entitled  to  have,  of,  and  in  the 
lands  and  tenements,  which  were  of  the  said  C.  B.,  in  his 
life  time. 

In  witness  whereof,  &.c. 

»Voft's.  — A  widow,  who  is  an  alien,  or  who  has  eloped 
from  her  husband,  and  never  been  reconciled  to  him,  or  one 
who  has  been  divorced  because  of  adultery  committed  by 
herself,  is  not  entitled  to  dower. 

Dower  also  may  be  obtained  by  the  widow  by  judgment 
of  court  on  a  writ  of  dower;  —  or  on  report  of  commissioners 
appointed  for  that  purpose  by  a  court,  to  which  that  power 
is  committed  by  statute. 

It  often  happens  that  it  is  convenient  and  advantageous  for 
the  widow,  and  her  children,  or  the  other  heirs  of  her  de- 
ceased husband,  to  sell  the  estate  entire.  In  such  case  it 
will  be  necessary  to  ascertain  what  proportion  of  the  proceeds 
of  the  sale  of  the  estate  the  widow  will  be  entitled  to  ;  and 
this  may  be  ascertained  from  the  following  Tables. 


ASSIGNMENT. 


DR  WIGGLESWORTH'S  TABLE 

Of  Observations  in  New  England,  (adopted  by  the.  Su- 
preme Judicial  Court  of  Massachusetts,  as  a  rule  of  estimat- 
ing the  value  of  life  estates,  Estabrook  v.  Uapgood,  10  Mass. 
Reports,  313.) 


* 

«!  1 

=  1 

'.t. 

§  jj 

JH 

a 

§«£ 

!  EJJ 

Ages. 

1 

L 

IN 

Ages. 

| 

i*3 

S.M 

2 

* 

«c 

1 

n 

j-0T= 

At  birth. 

4893 

264 

28.15 

30 

1962 

38 

30.24 

1 

3629 

274 

31 

1924 

38 

2 

3355 

188  ' 

32 

1886 

38 

3 

3167 

132 

33 

1848 

38 

4 

3035 

84 

34 

1810 

38 

5 

2951 

58 

40.87 

35 

1772 

35 

28.22 

6 

2893 

55 

36 

1737 

35 

7 

2838 

47 

37 

1702 

35 

8 

2791 

40 

38 

1667 

35 

9 

2751 

36 

39 

1632 

35 

10 

2715 

28 

39.23 

40 

1597 

35 

26.04 

11 

2687 

27 

41 

1562 

35 

12 

2660 

27 

42 

1527 

35 

13 

2633 

27 

43 

1492 

35 

14 

2606 

27 

44 

1457 

34 

15 

2579 

42 

36.16 

45 

1423 

27 

23.92 

16 

2537 

43 

46 

1396 

27 

17 

2494 

43 

47 

1369 

27 

18 

2451 

43 

48 

1342 

27 

19 

2408 

43 

49 

1315 

27 

20 

2365 

43 

34.21 

50 

1288 

27 

21.16 

21 

2322 

42 

51 

1261 

27 

22 

2280 

42 

52 

1234 

27 

23 

2238 

42 

53 

1207 

27 

24 

2196 

42 

54 

1180 

27 

25 

2154 

40 

32.32 

55 

1153 

27 

18.35 

26 

2114 

38 

56 

1126   27 

27 

2076 

38 

57 

1099,   27 

28 

2038 

38 

58 

1072   27 

29 

2000 

38 

59 

1045   27 

ASSIGXMENT. 


59 


tb 

>  """a 

tb 

'**'= 

i   .5 

B       °  a  m 

.5 

n 

°     03 

a 

£<£    .2  rtl 

ya 

g<2 

•2  a"5 

Ages. 

§ 

b 

3  ®  .5 

M1 

Ages. 

1 

I* 

Ms 

60 

1018 

27 

15.43 

80 

326 

35 

5.85 

61 

991 

27 

81 

291 

34 

62 

964 

27 

82 

257 

34 

63 

937 

27 

83 

223 

34 

64 

910 

27 

84 

189 

34 

65 

883 

37 

12.43 

85 

155 

21 

4.57 

66 

846 

37 

86 

134 

21 

67 

809 

37 

87 

113 

21 

68 

772 

37 

88 

92 

20 

69 

735 

37 

89 

72 

20 

70 

698 

37 

10.06 

90 

52 

8 

3.73 

71 

661 

37 

91 

44 

7 

72 

624 

37 

92 

37 

7 

73 

587 

38 

93 

30 

7 

74 

549 

38 

94 

23 

7 

75 

511 

37 

7.83 

95 

16 

6 

1.62 

76 

474 

37 

96 

10 

5 

77 

437 

37 

97 

5 

3 

* 

78 

400 

37 

98 

2 

1 

79 

363 

37 

99 

1 

1 

For  the  purpose  of  comparison  with  observations  in  Eu- 
rope, ST  MAUR'S  TABLE  is  subjoined,  taken  from 
observations  in  Paris  and  the  country  around  it. 

From  his  observations  it  appears  that  of  24,000  children 
born,  the  numbers  who  attain  to  different  ages  are  as  fol- 
lows : 

If  from  the  following  table  it  is  desired  to  ascertain  what 
probability  there  is  that  a  man  of  a  given  age  will  attain  to 
any  other  age  it  may  be  done  thus.  Suppose  the  man's  age 
is  30,  and  it  is  desired  to  know  what  his  chance  is  of  living 
till  70  ;  make  the  number  opposite  70  the  numerator,  and 
the  ftumber  opposite  30  the  denominator  of  a  fraction,  and 
that  fraction  will  express  the  probability  sought  for,  with  per- 
fect accuracy.  In  that  case  it  appears  that  the  probability 
that  the  man  of  30  will  live  to  70  years  of  age  is 


ASSIGNMENT. 


TABLE. 


Of  the  24,000  born, 


17,540  attain  to  2  years.          4,564  attain  to  60  years. 


15,162 
14,177 
13,477 
12,968 
12,562 
12,255 
12,015 
11,861 
11,405 
10,909 
10,259 
9,544 
8,770 
7,729 
7,008 
6,197 
5,375 


3 
4 
5 
6 
7 
8 
9 

10 
15 
20 
25 
30 
35 
40 
45 
50 
55 


3,450 
2,544 
1,507 
807 
291 
103 
71 
63 
47 
40 
33 
23 
18 
16 


6  or  7 


65 
70 
75 
80 
85 
90 
91 
92 
93 
94 
95 
96 
97 
98 
99 
100 


From  the  preceding  table  it  may  be  inferred,  that  suppos- 
ing the  population  in  the  United  States  to  be  »1 0,000,000, 
there  are  of  them, 

387,400    under    I  year  of  age 
1, 194, 000  between  1  and  5  years 


992,300 
945,300 
886,730 
823,800 
776,500 
716,650 
642,050 
572,300 
506,050 
439,400 
371,100 
286,900 
213,050 
131,950 


5 
10 
15 
20 
25 
30 
35 
40 
45 
50 
55 
60 
65 
70 


10 
15 
20 
25 
30 
35 
40 
45 
50 
55 
60 
65 
70 
75 


ASSIGNMENT. 


61 


70,650  between  75  and  80  years 


28,800                80         85 
10,250                85         90 
3,350                 90         95 
820                 95       100 
30  or  40  above    100 

A  Table  showing  the  present  value  of  an  annuity  of  one 
dollar,  from  1  to  36  years,  the  calculation  being  made  at 
the  rate  of  5  per  cent  interest  per  annum. 

Years. 

Dollars 

Cents 

,  &c.          Years. 

Dollars.     Cents,  &c. 

1 

95 

23 

19 

12 

08 

53 

2 

1 

85 

94 

20 

12 

46 

22 

3 

2 

72 

32 

21 

12 

82 

11 

4 

3 

54 

59 

22 

13 

16 

30 

5 

4 

32 

94 

23 

13 

48 

85 

6 

5 

07 

56 

24 

13 

79 

86 

7 

5 

78 

63 

25 

14 

09 

39 

8 

6 

46 

32 

26 

14 

37 

51 

9 

7 

10 

78 

27 

14 

64 

30 

10 

7 

72 

17 

.28 

14 

89 

81 

11 

8 

30 

64 

29 

15 

14 

10 

12 

8 

86 

32 

30 

15 

37 

24 

13 

9 

39 

35 

31 

15 

59 

28 

14 

9 

89 

86 

32 

15 

80 

26 

15 

10 

37 

96 

33 

16 

00 

25 

16 

10 

83 

77 

34 

16 

19 

29 

17 

11 

27 

40 

35 

16 

37 

41 

18 

11 

68 

95 

36 

16 

54 

68 

It  is  believed  the  foregoing  tables  will  enable  a  tolerable 
accountant  to  estimate  the  present  value  of  a  dower  or  an- 
nuity. The  rate  of  5  per  cent  interest  per  annum  is  taken 
because  the  chief  object  here  is  to  estimate  the  value  of 
dower.  And  experience  has  shown  that  in  estimating  in- 
come from  real  estates,  no  more  than  5  per  cent  interest  per 
annum  can  with  justice  be  allowed. 


ASSIGNMENT. 


[3]  Of  a  Servant. 

In  consideration  of  the  sum  of  seventy-five  dollars,  to  me 
in  hand  paid  by  C.  D.  of  the  county  of  farmer,  I 

do  hereby  assign  and  set  over  the  within  named  servant,  to 
serve  the  said  C.  D.  his  executors,  administrators,  and  as- 
signs, for  the  residue  of  the  term  within  mentioned.* 

Witness'&c'  A.B.     L.». 

ICP  This  must  be  done  before  a  Justice  of  the  Peace. 


[4]  Of  a  Copy-right  in  a  Book. 

An  Indenture,  made,  &tc,  between  A.  B.  of  , 

professor  of  mathematics,  of  the  one  part,  and  C.  D.  of 
,  bookseller,  of  the  other  part.  Whereas  the  said 
A.  B.  has  written  and  compiled  a  book,  entitled,  &c.  Now 
this  indenture  witnesses,  that  the  said  A.  B.  for  and  in  con- 
sideration of  the  sum  of  ,  to  him  in  hand  paid  by  the 
said  C.  D.  the  receipt  whereof  is  hereby  acknowledged,  has 
bargained,  sold,  and  assigned,  and  by  these  presents  does 
bargain,  sell,  and  assign,  unto  the  said  C.  D.  all  the  said 
book,  and  all  his  copy-right,  title,  interest,  property,  claim, 
and  demand  whatsoever  of,  in,  and  to  the  same;  to  have  and 
to  hold  the  said  book,  copy-right,  and  all  the  profit,  benefit, 
and  advantage,  that  shall  or  may  arise,  by  and  from  printing, 
re-printing,  publishing,  and  vending  the  same,  unto  the  said 
C.  D.  on  the  terms  and  conditions,  and  for  the  whole  period 
of  time  provided  and  allowed  in  and  by  the  several  acts  of  the 
congress  of  the  United  States  for  the  encouragement  of  learn- 
ing, by  securing  the  copies  of  maps,  charts,  and  books,  to  the 
authors  and  proprietors  of  such  copies,  during  the  times  there- 
in mentioned.  Provided,  nevertheless,  and  these  presents 
are  upon  this  express  condition,  that  the  number  of  copies  to 
be  printed  of  the  first  and  each  and  every  other  edition  or 
impression  of  the  said  book,  shall  not  exceed  one  thousand, 
and  that  the  said  C.  D.  shall  and  will  pay  unto  the  said  A.  B. 
the  further  sum  and  sums  of  ,  for,  at,  and  upon  the  re- 

*  This  is  applicable  to  a  servant  bound  by  indenture  or  deed,  and 
should  be  written  on  the  back  of  it. 


ASSIGNMENT.  63 

printing  or  making  a  second,  and  each  and  every  other  future 
and  further  edition  or  impression  that  shall  or  may  be  made 
of  the  said  book,  for  and  towards  a  further  reward  and  satis- 
faction to  the  said  A.  B.  for  his  writing  and  compiling  the 
same  ;  the  said  payments  shall  be  made  before  the  publi- 
cation of  the  said  several  impressions,  or  editions  (after  the 
first)  and  sale  of  the  same,  or  any  part  thereof,  by  the  said  C. 
D.  or  by  any  other  person,  or  persons,  by,  for  or  under  him. 
And  the  said  C.  D.  doth  covenant,  promise,  and  agree,  to 
and  with  the  said  A.  B.  that  he  the  said  C.  D.  shall  and  will 
pay  or  cause  to  be  paid  to  the  said  A.  B.  the  said  respective 
sum  and  sums  of  ,  at  and  upon  the  re-printing,  and 

before  the  publication  and  sale  of  the  said  second  and  every 
other  future  and  further  edition  and  impression  that  shall  or 
may  be  made  of  the  said  book,  according  to  the  proviso  afore- 
said, and  the  true  intent  and  meaning  of  these  presents.  And 
to  the  fulfilment  of  the  covenants  and  agreements  herein  con- 
tained, the  parties  bind  their  respective  executors,  adminis- 
trators, and  assigns,  as  well  as  themselves. 
In  witness,  &c. 

iCF"  The  purchaser  or  assignee  of  a  copy-right  has  no 
power  to  make  any  alterations  in  the  body  of  the  work,  or  in 
the  title  page  thereof,  without  the  leave  of  the  author,  first 
had  and  obtained  in  writing  ;  for,  if  the  said  purchaser  or 
assignee  could  of  himself  exercise  such  power,  he  might 
thereby,  to  suit  his  own  interest,  be  enabled  to  injure  the 
literary  reputation  of  the  author,  by  affixing  his  name  to 
matter  which  the  author  did  not,  and  would  not  write. 


[5]     Of  Letters  Patent  for  the  sole  use  of  an  Invention. 

An  Indenture,  made,  &c,  between  A.  B.  of  ,  of 

the  one  part,  and  C.  D.  of  ,  of  the  other  part. 

Whereas  the  said  A.  B.  has,  by  long  study,  expense,  and 
experience,  invented  a  method  of  5  by  a  new  and 

useful  art,  [machine,  manufacture,  or  composition  of  matter 
or  improvement,  or  either,  as  the  case  may  be]  never  before 
known  or  used :  and  whereas  the  said  A.  B.  has  therefor 
obtained  letters  patent,  in  the  name  of  the  United  States, 
and  bearing  test  by  the  president  thereof,  under  the  date 


64  ASSIGNMENT. 

of  ,  granting  to  him,  the  said  A.  B.,  his  heirs,  exe- 

cutors, administrators,  and  assigns,  for  the  term  of  fourteen 
years,  the  full  and  exclusive  right  and  liberty  of  making, 
constructing,  using,  and  vending  to  others  to  be  used,  the 
said  invention  or  discovery,  as  in  and  by  the  said  letters  pa- 
tent, recorded  in  the  office  of  the  secretary  of  state  may 
fully  appear  :  Now  this  indenture  MJteMMf,  that  the  said 
A.  B.  for  and  in  consideration  of  the  sum  of  to  him 

in  hand  paid  by  the  said  C.  D.  at  or  before  the  signing  of 
this  indenture,  the  receipt  whereof  is  hereby  acknowledged, 
has  granted,  assigned,  and  set  over,  and  by  these  presents 
does  grant,  assign,  and  set  over,  unto  the  said  C.  D.,  his 
executors,  administrators,  and  assigns,  the  said  letters  patent, 
and  all  the  right,  title,  and  interest  of  him  the  said  A.  B. 
of,  in,  and  to  the  said  invention  so  granted  unto  him:  To  have 
and  to  hold  the  said  letters  patent  and  invention,  with  all 
benefit,  profit,  and  advantages  thereof,  to  the  said  C.  D., 
his  executors,  administrators,  and  assigns,  in  as  full,  ample, 
and  beneficial  manner,  to  all  intents  and  purposes,  as  he 
the  said  A.  B.  by  virtue  of  the  said  letters  patent,  may  or 
might  have  or  hold  the  same,  if  this  assignment  had  not 
been  made,  for  and  during  all  the  rest  and  residue  of  the 
said  term  of  years,  granted  by  the  said  letters  patent  as 
aforesaid.  And  the  said  A.  B.  does  by  these  presents  con- 
stitute and  appoint  the  said  C.  D.  his  assignee  and  grantee 
of  and  for  the  said  invention  and  the  profits  thereof,  for  the 
remainder  of  the  said  term  of  fourteen  years:  And  the  said 
A.  B.  does  covenant  to  and  with  the  said  C.  D.  that  he  the 
said  C.  D.  his  executors,  administrators,  and  assigns,  shall 
and  may,  by  virtue  of  these  presents,  have,  receive,  and 
take  all  the  profits  and  advantages  whatsoever,  that  may  or 
shall  be  made,  for  or  by  reason  of  such  invention,  and  that 
he  the  said  A.  B.  his  executors,  administrators,  and  assigns, 
shall  and  will  do  and  execute,  or  cause  to  be  done  and  ex- 
ecuted, all  and  every  other  act  and  acts,  thing  and  things, 
devices  and  assignments  in  the  law,  whatsoever,  for  the  fur- 
ther, better,  and  more  perfect  assigning  and  assuring  of  the 
said  letters  patent,  and  the  right,  title,  and  interest  of  him 
the  said  A.  B.  his  executors,  administrators,  and  assigns, 
therein,  and  in  the  said  invention  unto  the  said  C.  D.,  his 
executors,  administrators,  and  assigns,  as  by  the  said  C.  D. 
his  executors,  administrators,  and  assigns,  or  his  or  their 


ASSIGNMENT.  65 

counsel  learned  in  the  law,  shall  be  lawfully  and  reasonably 
devised,  advised,  or  required.     In  witness,  &c. 

ICpThis  assignment  must  be  recorded  in  the  office  of  the 
secretary  of  state,  at  Washington  :  after  which,  the  assignee 
is  regarded,  in  law,  in  the  place  of  the  original  inventor, 
both  as  to  right  and  responsibility  ;  and  so  the  assignees  or 
assigns  to  any  degree.  —  See  IngersoWs  Abridgment,  p. 
480,  Sec.  IV. 

An  assignment  of  part  of  a  patent  right,  will  not  enable 
the  assignee  to  maintain  an  action  in  his  own  name  for  a  vio- 
lation of  the  patent.  —  6  Cranch.  324. 


(6J  Of  a  Bond,  by  Indorsement. 

For  a  valuable  consideration,  to  me  in  hand  paid,  by 
A.  B.  of,  &c,  I,  E.  F.  the  within  named  obligee,  do  assign 
and  set  over  the  within  obligation,  and  all  money  due  and 
to  become  due  thereon,  unto  the  said  A.  B.  his  executors, 
administrators,  and  assigns  ;  [and  in  case  the  same  cannot  be 
recovered  from  the  within  named  C.  D.  the  obligor,  then  I 
do  promise  and  agree  to  pay  the  amount  thereof,  together 
with  all  charges  thereupon  accruing,  unto  the  said  A.  B. 
his  executors,  administrators,  and  assigns.]  Witness  my 
hand  and  seal,  &.c. 


A.  B.  is  to  take  the  assignment  at  his  own  risk, 
omit  the  words  contained  in  brackets,  and  in  lieu  thereof  in- 
sert the  following  :  '  And  in  no  case  holding  myself  respon- 
sible for  the  recovery  or  payment  of  the  same  ;  but  the  risk 
and  loss,  if  any,  to  be  borne  by  the  said  A.  B.  his  executors, 
administrators,  and  assigns.' 


[7]  Short  Form,  where  the  Assignor  is  liable. 

For  value  received,  I  do  assign  and  set  over  the  within 
obligation  and  all  money  due  thereon,  unto  A.  B.  his  exec- 
utors, administrators,  and  assigns,  hereby  guaranteeing  the 
payment  thereof,  in  case  of  default  being  made  by  the  within 
named  C.  D.  Witness  my  hand  and  seal,  &c. 

E.  F.     L.S. 


66  ASSIGNMENT. 


[8]  Another,  where  the  Assignor  is  not  liable. 

For  value  received,  I  do  assign  and  set  over  the  within 
obligation,  and  all  money  due  thereon,  unto  A.  B.  his  exec- 
utors, administrators,  and  assigns,  not  holding  myself  liable 
for  the  payment  of  the  same  ;  the  losses,  if  any,  and  the  re- 
covery thereof  to  be  wholly  at  the  risk  of  the  said  A.  B. 

Witness  my  hand  and  seal,  &c.  E.  F.     L.S. 


[9]  Of  a  Bond,  by  Indorsement. 

Know  all  Men  by  these  presents,  that  I,  the  within  named 
A.  B.  for  and  in  consideration  of  the  sum  of  to  me 

paid  by  C.  D.  of  ,  at  or  before  the  sealing  of  these 

presents,  the  receipt  whereof  is  hereby  acknowledged,  have 
granted,  bargained,  sold,  assigned,  transferred,  and  set  over, 
and  by  these  presents  do  grant,  bargain,  sell,  assign,  trans- 
fer, and  set  over,  unto  the  said  C.  D.  his  executors,  admin- 
istrators, and  assigns,  the  within  written  bond  or  obligation, 
and  the  sum  of  ,  mentioned  in  the  condition  thereof, 

together  with  all  interest  due,  and  to  grow  due  for  the  same, 
and  all  my  right,  title,  interest,  claim,  and  demand  whatso- 
ever, of,  in  and  to  the  same.  And  1  authorize  the  said 
C.  D.  in  my  name,*  to  demand,  sue  for,  receive,  have,  hold, 
and  enjoy  the  said  sum  of  ,  and  interest,  to  his  own 

use  absolutely  for  ever. 

In  witness,  &c.  A.  B.     L.S. 


[10J  Another  Short  Form. 

I  do  hereby  assign  and  set  over  all  my  right,  title,  claim, 
interest,  property,  and  demand  whatsoever,  in  and  to  the 
within  bond  (or  bill]  unto  C.  D.  for  value  received  :  witness 
my  hand  and  seal,  the  day  of 

A.  B.    L.S. 

*  In  Pennsylvania,  and  some  other  states,  the  assignee  of  a  bond 
may  sue  in  his  own  name. 


ASSIGNMENT.  67 


[11]  Special  Form  of  Same. 

Know  all  Men  by  these  presents,  that  1,  the  within  named 
A.  B  ,  in  consideration  of  the  principal  debt  and  interest 
mentioned  in  the  within  bond  to  me  paid  by  C.  D.,  have  as- 
signed, and  by  these  presents  do  assign,  transfer,  and  set 
over,  the  within  bond,  and  the  money  due  and  growing  due 
thereon,  unto  the  said  C.  D.  his  executors,  administrators, 
and  assigns.  And  further,  I  do  hereby  covenant,  that  if  the 
said  money  when  due  cannot  be  recovered  from  the  within 
named  E.  F.  and  G.  H.  by  reason  of  insolvency  or  other- 
wise, I  will  pay  the  same  to  the  said  C.  D. :  witness  my  hand 
and  seal,  the  day  of  A.  B.  L.S. 


[12]  Another. 

For  a  valuable  consideration,  to  me  in  hand  paid  by  A.  B. 
of  the  city  of  ,  ,  merchant,  I  do  assign  and  set  over 

the  within  obligation  and  all  money  due  and  to  become  due 
thereon,  unto  the  said  A.  B.,  his  executors,  administrators,, 
and  assigns;  and  in  case  the  same  cannot  be  recovered  of  the 
within  named  C.  D.  then  do  I  promise  and  agree  to  pay  the 
amount  thereof,  together  with  all  charges  thereupon  accru- 
ing, to  the  said  A.  B.  his  executors,  administrators,  and 
assigns. 

In  witness,  &c.  E.  F.     L.S. 


[13]      Of  a  Bond  and  Mortgage,  ajter  judgment  and  extctt- 
tion,  and  part  oftke  debt  paid. 

An  Indenture,  made  the  day  of  ,  between 

A.  B.  and  C.  D.  executors,  &c,  of  E.  F.  deceased,  of  the 
one  part,  and  Y.  Z\  of  ,  of  the  other  part. 

Whereas  O.  P.  of  ,  in  and  by  a  certain  obligation 

or  writing  obligatory,  under  his  hand  and  seal,  duly  execut- 
ed, bearing  date,  &c,  became  bound  unto  the  said  E.  F.  in 
his  life  time,  in  the  sum  of  ,  conditioned  for  the 

payment  of  ,  on  or  before,  &c,  as  in  and  by  the 

said  obligation  and  condition  thereof  fully  appears.  And 


68  ASSIGNMENT. 

whereas  the  said  O.  P.  by  way  of  collateral  security  for 
the  aforesaid  debt  and  interest,  in  and  by  a  certain  inden- 
ture of  mortgage,  bearing  date,  &c,  for  the  considerations 
therein  mentioned,  did  grant,  bargain,  and  sell,  unto  the  said 
A.  B.  and  C.  D.  as  executors  aforesaid,  and  to  their  heirs 
and  assigns,  a  certain  tract  of  land  called  ,  situated, 

&c,  containing  acres,  being  bounded,  &c.     Also 

a  certain  other  tract,  &c,  together  with  their  and  every 
of  their  appurtenances,  to  hold  to  them  the  said  A.  B.  and 
C.  D.  their  heirs  and  assigns  forever,  with  this  proviso,  That 
the  same  indenture  and  the  estate  and  estates  thereby  grant- 
ed, and  the  said  recited  obligation  should  become  void  on 
payment  of  the  mortgage  money  and  interest  aforesaid,  as 
in  and  by  the  said  recited  indenture  of  mortgage  duly  re- 
corded in  more  at  large  appears.  And  whereas 
judgment  for  the  said  debt,  interest,  and  costs,  has  been  ob- 
tained in  the  court  of  common  pleas  for  the  county  of 

against  him  the  said  O.  P.  at  the  suit  of  the  said  A.  B. 
and  C.  D.  executors  as  aforesaid,  upon  which  judgment 
execution  has  been  issued  and  sued  forth,  and  the  said  ex- 
ecution is  now  in  the  hands  of  the  sheriff  of  the  county 
of  aforesaid.  And  whereas  the  said  O.  P.  has 

paid  only  the  sum  of  ,  on  account  of  the  principal 

debt  and  interest  aforesaid,  so  that  there  yet  remains  due 
the  principal  sum  of  ,  besides  interest 

accrued  thereon,  to  the  day  of  the  date  hereof.  Now  this 
indenture  witnesses,  that  the  said  A.  B.  and  C.  D.  execu- 
tors aforesaid,  for  and  in  consideration  of  the  said  sum 
of  balance  of  the  principal  debt  aforesaid,  and 

interest  unto  them  well  and  truly  paid  by  the  said 
Y.  Z.  at  or  before  the  sealing  and  delivery  hereof,  the  re- 
ceipt whereof  they  do  hereby  acknowledge,  have  granted, 
bargained,  sold,  assigned,  and  set  over,  and  by  these  pres- 
ents do  grant,  bargain,  sell,  assign,  and  set  over,  unto  the 
said  Y.  Z.  his  heirs,  executors,  administrators,  and  assigns, 
the  aforesaid  recited  obligation  and  the  warrant  of  attorney 
thereunto  annexed,  and  the  said  recited  indenture  of  mort- 
gage, and  all  and  every  the  sum  and  sums  of  money  which 
on  the  day  of  the  date  hereof  are  due  and  payable  thereupon, 
and  which  shall  or  may  hereafter  accrue  and  grow  due  and 
payable  thereupon,  and  also  the  aforesaid  two  several  de- 
scribed tracts  of  land  and  premises  with  the  appurtenances, 
mortgaged  as  aforesaid  ;  and  also  the  aforesaid  judgment 


ASSIGNMENT.  69 

and  execution,  and  all  the  money  now  due  or  hereafter  to 
become  due  and  payable  thereupon,  and  the  benefit  and  ad- 
vantage thereof,  and  all  the  estate,  right,  title,  interest,  and 
demand  of,  in  and  to  the  said  recited  obligation,  indenture, 
lands  and  money  hereby  assigned  ;  and  also  of,  in  and  to 
the  said  judgment  and  execution  which  they  the  said  A.  B. 
and  C.  D.  as  executors  aforesaid,  now  have  or  ought  to 
have  or  claim.  To  have,  hold,  receive,  take,  and  enjoy, 
the  said  obligation,  indenture  of  mortgage,  and  the  said  lands 
thereby  granted,  and  the  said  judgment  and  execution,  and 
all  the  money  hereby  assigned  unto  the  said  Y.  Z.  to  the 
only  use  and  behoof  of  the  said  Y.  Z.  his  heirs,  executors, 
administrators,  and  assigns,  for  ever,  and  at  his  and  their 
sole  risk,  —  Subject  to  the  right  of  redemption  of  the  said 
O.  P.  his  heirs  and  assigns,  by  payment  of  the  principal 
money  and  interest  now  due  or  to  become  due  thereupon. 
And  it  is  hereby  agreed  that  they  the  said  A.  B.  and  C.  D. 
as  executors  aforesaid,  or  otherwise,  or  the  estate  of  the  said 
E.  F.  deceased,  shall  not  in  anywise  howsoever  be  respon- 
sible or  accountable  for  any  loss,  deficiency  or  damage 
which  the  said  Y.  Z.  his  heirs,  executors,  administrators,  and 
assigns,  shall  or  may  sustain  or  suffer,  by  reason  of  this  as- 
signment, or  in  case  the  said  O.  P.  should  prove  insolvent, 
or  his  title  to  the  said  mortgaged  lands  and  premises  prove 
defective.  In  witness  whereof,  the  said  parties  to  these 
presents  have  interchangeably  set  their  hands  and  seals 
hereunto.  Dated  the  day  and  year  first  before  written. 
In  witness,  &c. 


[14]      Of  'a  Pension,  until  Money  due  upon  a  bond  shall  be 
satisfied  thereout. 

Whereas  A.  B.  by  his  bond  or  obligation  under  his  hand 
and  seal,  bearing  date  on  or  about  the  day  of  , 

which  was  in  the  year  ,  became  bound  to  C.  D.  of 

[as  in  bond.]  And  whereas  the  said  C.  D.  is  since 
dead,  having  first  made  his  last  will  and  testament  in  writ- 
ing, bearing  date  the  ,  and  thereof  constituted  and 
appointed  £.  F.  and  G.  H.  both  of  ,  his  executors, 
as  in  and  by  the  said  will  duly  proved  and  remaining  in  the 
register's  office  of  the  county  of  ,  as  by  reference 


70  ASSIGNMENT. 

thereto  will  appear.     And  whereas  there  is  now  justly  due 
and  owing  by  the  said  A.  B.  to  the  said  E.  F.  and  G.  H., 
on  this  said  bond,  as  executors  as  aforesaid,  the  sum  of 
And  whereas  the  said  A.  B.  is  entitled  during  his  life  to  an 
annuity  or  pension  of  a  year,  given  him  by  , 

payable  quarterly ;  which  pension  the  said  A.  B.  has  agreed 
to  assign  unto  the  said  E.  F.  and  G.  H.  for  the  better 
securing  the  payment  of  the  said  sum  of  ,  so  remain- 

ing due  on  the  said  recited  bond,  as  aforesaid,  with  lawful 
interest  for  the  same.  Now  know  ye,  that  the  said  A.  B. 
for  the  end  and  purpose  aforesaid,  and  in  pursuance  and 
performance  of  the  said  agreement,  and  for  and  in  considera- 
tion of  the  sum  of  five  shillings  of  lawful  money  of  ,  to 
him  at  or  before  the  sealing  and  delivery  of  these  presents, 
by  the  said  E.  F.  and  G.  H.  well  and  truly  paid,  the  receipt 
whereof  he  the  said  A.  B.  does  hereby  acknowledge,  has 
assigned,  transferred,  and  set  over,  and  by  these  presents 
does  assign,  transfer,  and  set  over,  unto  the  said  E.  F.  and 
G.  H.  their  executors,  administrators,  and  assigns,  the  said 
pension  of  a  year,  given  him  by  as 
aforesaid;  and  all  benefit  and  advantage  whatsoever  to  be 
had,  or  obtained  thereby,  or  by  means  or  in  respect  thereof. 
To  have,  hold,  receive,  and  enjoy,  the  said  pension,  here- 
by assigned,  or  intended  to  be  hereby  assigned,  unto  the 
said  E.  F.  and  G.  H.  their  executors,  administrators,  and 
assigns,  for  and  during  so  long  time  and  until  the  said 
sum  of  ,  so  due  and  owing  from  the  said  A.  B.  to 
the  said  E.  F.  and  G.  H.  as  executors  as  aforesaid  on  the 
said  recited  bond,  with  lawful  interest  for  the  same,  shall 
be  fully  satisfied  and  paid  (if  he  the  said  A.  B.  shall  so 
long  live.)  And  the  better  to  enable  the  said  E.  F.  and 
G.  H.  their  executors,  administrators,  and  assigns,  to  re- 
ceive the  said  pension  hereby  assigned,  when  and  as  the 
same  shall  from  time  to  time  become  due,  he  the  said  A.  B. 
has  constituted,  and  appointed,  and  by  these  presents  does 
constitute,  and  appoint,  the  said  E.  F.  and  G.  H.  and 
each  of  them,  and  the  executors  and  administrators  of  the 
survivor  of  them,  his  true  and  lawful  attorney  and  attorneys, 
irrevocable,  in  his  name  and  stead,  or  in  their  or  either  of 
their  own  name  or  names,  but  to  and  for  the  purpose  afore- 
said, to  ask  for,  receive,  and  take  of  and  from  all  and 
every  person  or  persons  now  or  hereafter  to  be  appointed 
to  pay  the  same,  the  said  pension  of  ,  so  given 


ASSIGNMENT.  71 

to  the  said  A.  B.  by  as  aforesaid,  when  and  as 

the  same  shall  from  time  to  time  become  due  and  payable, 
for  and  during  so  long  time  and  until  the  said  sum  of 
so  due  and  owing  by  the  said  A.  B.  to  the  said  E.  F.  and 
G.  H.  as  executors  as  aforesaid,  with  lawful  interest  for  the 
same,  shall  be  fully  paid  and  satisfied  (if  he  the  said  A.  B. 
shall  so  loug  live.)  And  upon  receipt  thereof,  or  any  part 
thereof,  to  make  and  execute  any  lawful  release  or  dis- 
charge for  the  same.  And  further,  to  do  all  and  every 
other  act  and  thing  which  shall  be  necessary  to  be  done  in 
or  about  the  premises,  for  receiving  thereof  in  as  full,  ample, 
and  beneficial  a  manner,  to  all  intents  and  purposes,  as  he 
the  said  A.  B.  might  or  could  do  in  his  proper  person,  if 
these  presents  had  not  been  made;  he  the  said  A.  B.  hereby 
ratifying  and  confirming  all  and  whatsoever  the  said  E.  F. 
and  G.  H.  and  each  of  them,  and  the  executors  and  ad- 
ministrators of  the  survivor  of  them,  shall  lawfully  do,  or 
cause  to  be  done,  in  or  about  the  premises,  by  virtue  of 
these  presents.  And  the  said  A.  B.  for  himself,  his  heirs, 
executors,  and  administrators,  does  hereby  covenant,  and 
agree  to  and  with  the  said  E.  F.  and  G.  H.  their  executors, 
administrators,  and  assigns,  that  the  said  A.  B.  shall  not 
nor  will  not  at  any  time  hereafter,  revoke  or  make  void  the 
letter  of  attorney  herein  before  contained,  or  do  any  act  or 
thing  to  defeat  or  hinder  the  said  E.  F.  and  G.  H.  or  their 
representatives  in  the  receiving  the  said  pension  hereby  as- 
signed according  to  the  true  intent  and  meaning  of  these 
presents.  And  further,  that  the  said  A.  B.  shall  and  will, 
from  time  to  time,  at  his  own  cost,  make  and  execute  such 
further  and  other  lawful  and  reasonable  assignment  and 
assurance  whatsoever,  for  the  better  and  more  effectual  as- 
signing and  receiving  the  said  pension  hereby  assigned,  or 
intended  so  to  be,  unto  the  said  E.  F.  and  G.  H.  for  the 
purposes  aforesaid  as  by  them  shall  be  reasonably  required. 
In  witness,  &c. 


[15]         Of  a  Judgment  rendered  on  a  Verdict. 

Whereas  I,  A.  B.  lately  recovered  judgment  in  the  court 
of  ,  holden  at  ,  against  C.  D.  of  , 

for  the  sum  of  ,  as  by  the  record  of  the  said  judg- 


72  ASSIGNMENT. 

ment,  remaining  in  the  said  court  appears,  upon  which 
judgment  execution  has  been  lately  sued.  Now  know  ye, 
that  I,  the  said  A.  B.  for  divers  good  causes  and  considera- 
tions, have  granted,  transferred,  assigned,  and  set  over,  and 
by  these  presents  do  clearly  and  absolutely  grant,  transfer, 
assign,  and  set  over,  unto  E.  F.  of  ,  as  well  the  said 

judgment  for  the  said  sum  of  aforesaid,  as  also  all 

benefit,  and  advantage  whatsoever,  that  now  can  or  shall  or 
may  hereafter  be  obtained,  by  reason  or  means  of  the  same, 
or  any  execution  thereupon,  now  had,  or  to  be  had,  and  all 
the  right,  interest  and  demand  whatsoever,  .vhich  I,  the  said 
A.  B.  have,  or  ought  to  have,  in  or  to  the  said  judgment,  or 
any  sums  of  money,  lands  or  tenements,  which  by  virtue 
thereof,  or  of  any  process  or  execution  thereupon  sued  or  to 
be  sued,  shall  or  may  be  recovered,  or  obtained.  And  fur- 
ther, I,  the  said  A.  B.  do  by  these  presents,  constitute,  and 
appoint,  the  said  E.  F.  to  be  my  true  and  lawful  attorney, 
for  me  and  in  my  name  to  use  and  prosecute  the  said  exe- 
cution upon  the  said  judgment,  and  upon  composition  or 
agreement  made  concerning  the  premises,  to  acknowledge 
satisfaction,  or  to  make  and  give  any  other  release,  or  dis- 
charge for  the  same  ;  and  all  other  acts  and  things  whatso- 
ever, as  shall  be  requisite  in  and  about  the  premises,  I  cove- 
nant to  allow,  and  confirm,  by  these  presents.  And  I  the 
said  A.  B.  do  covenant,  and  agree,  to  and  with  the  said  E. 
F.  by  tjiese  presents,  in  manner  and  form  following,  that  I, 
the  said  A.  B.  have  never  made  or  executed  any  release  or 
discharge  of  the  said  judgment,  or  of  any  execution  which 
has  been  thereupon  sued  or  executed  ;  neither  will  I,  the 
said  A.  B.  at  any  time  hereafter,  make  any  release,  or  do 
any  act  or  thing  whatsoever,  whereby  the  said  judgment,  or' 
any  execution  which  has  been  thereupon  sued  or  executed, 
or  which  shall  at  any  time  hereafter  be  sued  or  executed,  by 
the  said  E.  F.  shall  be  in  any  manner  defeated,  or  extin- 
guished, without  the  consent  of  the  said  E.  F.  thereto  first 
had  in  writing.  And  further,  that  I,  the  said  A.  B.  will  at 
all  times  hereafter,  on  the  request,  and  at  the  cost  of  the  said 
E.  F.  maintain,  and  confirm,  all  such  lawful  suits,  process, 
executions,  and  proceedings  whatsoever,  as  have  been,  or 
shall  hereafter  be  brought,  or  prosecuted  against  the  said  C. 
I),  his  heirs,  executors,  or  administrators,  and  their  lands, 
goods  or  chattels,  upon  or  by  reason  of  the  said  judgment. 
In  witness,  &c. 


ASSIGNMENT.  73 


[16]  Of  Money  due  upon  Account. 

Know  all  Men  by  these  presents,  That  I,  A.  B.  of 
,  in  consideration  of  the  sum  of  ,  to  me  paid  by 

C.  D.  of  ,  do  hereby  assign  and  set  over  unto  the 

said  C.  D.  to  his  own  proper  use,  without  any  account  to  be 
given  for  the  same,  the  sum  of  ,  and  all  other  sums 

of  money  as  are  remaining  due  and  payable  upon  or  by  virtue 
of  the  annexed  account  of  money  due  to  me  by  Y.  Z.,  of, 
Stc,  and  all  my  right,  title,  interest,  and  demand  in  and  to 
the  same  :  And  I  do  give  and  grant  unto  the  said  C.  D.  full 
power  and  authority  to  demand  and  receive  the  same,  to  his 
own  use,  and  upon  receipt  thereof  to  give  discharges  for  the 
same,  or  any  part  thereof:  And  I,  the  said  A.  B.  do  hereby 
covenant  and  agree  to  and  with  the  said  C.  D.  that  the  said 
sum  of  ,  is  justly  due  and  owing  to  me  from  said  Y.  Z., 

and  that  I  have  not  received  or  discharged  the  same,  or  any 
part  thereof. 

In  witness,  Stc. 


account  of  this  kind,  being  what  is  technically 
called  a  chose  in  action,  must  be  sued  for  in  the  name  of  the 

assignor,  for  the  ^tse  of  the  assignee. 


[17]  Of  a  Debt,  ivith  Power  of  Attorney. 

Know  all  Men  by  these  presents,  that  I,  A.  B.  of,  Stc, 
in  consideration  of  the  sum  of  ,  now  justly  due  and 

owing  by  me  to  C.  D.  of  ,  and  for  better  securing 

the  payment  of  the  same  to  the  said  C.  D.  have  bargained, 
sold,  assigned,  transferred,  and  set  over,  and  by  these  pre- 
sents do  bargain,  sell,  assign,  transfer,  and  set  over,  unto  the 
said  C.  Ds  all  that  debt  or  sum  of  ,  which  is  now  due 

and  owing  to  me  by  Y.  Z.  of  ,  for  goods  sold  and 

delivered  by  me  to  the  said  Y.  Z.  or  his  order,  before  the 
day  of  the  date  hereof,  and  all  my  right,  title,  interest,  claim, 
and  demand,  in  and  to  the  said  debt,  or  sum  of  ,  and 

every  or  any  part  thereof :  To  hold  the  same  to  the  said 
C.  D.  his  executors,  administrators,  and  assigns,  from  hence- 
forth, to  his  and  their  own  proper  use  and  benefit  for  ever, 
7 


74  ASSIGNMENT. 

nevertheless  under  the  proviso  and  condition  hereinafter 
mentioned.  And  I  do  hereby  constitute  and  appoint  the 
said  C.  D.  my  true  and  lawful  attorney  irrevocable,  and  give 
and  grant  to  him,  full  power  and  authority,  in  my  name,  but 
to  the  only  proper  use  of  the  said  C.  D.  to  demand,  sue  for, 
recover,  receive,  and  compound,  the  said  debt  or  sum  of 
,  and  every  or  any  part  or  parcel  thereof,  and  upon 
receipt  of  the  same,  or  any  part  thereof,  acquittances  or 
other  proper  discharges  to  make,  and  generally  for  me  and 
in  my  name,  to  do,  and  perform,  all  and  every  such  further 
and  other  acts,  matters,  and  things,  concerning  the  premises, 
as  to  the  said  C.  D.  shall  seem  requisite  ;  and  that  as  fully 
and  effectually,  to  all  intents  and  purposes,  as  I  myself 
might  have  done,  I  hereby  ratify  and  confirm  all  and  what- 
ever he  or  they  shall  lawfully  do,  or  cause  to  be  done,  in  or 
about  the  premises.  And  I  do  hereby  covenant  and  agree, 
to  and  with  the  said  C.  D.  his  executors  and  administrators, 
that  I  have  not  done  or  suffered,  and  that  1  will  not  do  or 
suffer,  any  act,  or  thing,  whereby  the  said  C.  D.  shall  or 
may  be  hindered  or  prevented  from  the  recovering  or  re- 
ceiving the  said  debt  or  sum  of  ,  hereby  assigned,  or 
any  part  thereof,  or  such  other  satisfaction  as  can  or  may  be 
had  or  obtained  for  the  same,  by  virtue  hereof.  And  further 
that  I  will  at  all  times  hereafter,  at  the  request  of  the  said 
C.  D.  make,  and  execute,  all  such  further  and  other  acts 
and  deeds  as  shall  be  reasonably  required  for  the  proving  of 
the  said  debt,  and  the  better  and  more  effectually  enabling 
him  to  recover,  receive,  and  enjoy  the  same,  according  to 
the  true  intent  and  meaning  of  these  presents.  Provided 
always,  and  it  is  hereby  agreed,  that  if  I,  the  said  A.  B. 
shall  well  and  truly  pay,  or  cause  to  be  paid,  to  the  said 
C.  D.  the  said  sum  of  so  due  to  him  as  aforesaid, 
within  six  calendar  months  from  the  date  hereof,  then  this 
present  assignment,  and  every  matter  and  thing  herein  con- 
tained, shall  cease,  determine,  and  be  void,  to  all  intents  and 
purposes  whatsoever.  And  all  the  grants  and  powers  afore- 
said are  given  by  me  the  said  A.  B.  to  bind  my  executors 
and  administrators  as  well  as  myself,  and  they  are  granted 
to  the  executors,  administrators,  and  assigns  of  the  said 
C.  D.  as  well  as  to  him.  In  witness,  &c. 

A.  B.     L.S. 


ASSIGNMENT.  76 


[18]  Of  a  Bond  as  a  Collateral  Security. 

An  Indenture  made  the  first  day  of  May,  A.  D.  1829, 
between  A.  B.  of  ,  of  the  one  part ;  and  C.  D.  of 

,  of  the  other  part  :  Whereas  Y.  Z.  of  ,  in 

and  by  the  bond  or  obligation,  bearing  date  the  tenth  day  of 
June,  which  was  in  the  year  of  our  Lord  1828,  became 
bound  to  the  said  A.  B.  in  the  sum  of  dollars,  con- 

ditioned for  the  payment  of  dollars,  on  the  day 

of  ,  which  was  in  the  year  of  our  Lord  ,  with 

lawful  interest  for  the  same  :  And  whereas  the  said  A.  B. 
in  and  by  his  bond  or  obligation  bearing  date  the  day 

of          last  past,  became  bound  to  the  said  C.  D.  in 
dollars,  conditioned  for  the  payment  of  the  sum  of  ,  on 

the  day  of  now  next  ensuing,  with  lawful  in- 

terest for  the  same,  and  the  said  A.  B.  also  in  and  by  his 
other  bond  or  obligation,  bearing  even  date  herewith,  be- 
came bound  to  the  said  C.  D.  in  another  sum  of  dol- 
lars, conditioned  for  the  payment  of  the  further  sum  of 
dollars,  on  the  said  day  of  now  next 
ensuing,  with  lawful  interest  for  the  same,  and  the  said 
A.  B.  tor  the  further  and  better  securing  the  payment  of 
the  said  several  sums  of  dollars,  and  dollars, 
(making  together  the  principal  sum  of  dollars)  with 
interest  for  the  same  respectively,  according  to  the  condi- 
tions of  the  said  two  said  several  last  in  part  recited  bonds 
or  obligations,  has  proposed  and  agreed  to  transfer  and 
assign  over,  to  the  said  C.  D.  by  way  of  additional  and  coU 
lateral  security,  the  said  herein  before  recited  bond  or  obli- 
gation, so  entered  into  by  the  said  Y.  Z.  to  the  said  A.  B. 
as  aforesaid,  and  the  principal  money  and  interest  due  there- 
on, or  secured,  or  recoverable  thereby,  or  by  means  thereof, 
in  manner  hereinafter  mentioned  :  Now  this  indenture  wit- 
nesses, that  the  said  A.  B.  for  the  considerations  aforesaid, 
and  also  in  consideration  of  the  sum  of  one  dollar,  of  lawful 
money  of  the  United  States,  to  him  paid  by  the  said  C.  D. 
at  or  before  the  sealing  and  delivery  of  these  presents,  the 
receipt  whereof  is  hereby  acknowledged,  has  bargained, 
assigned,  transferred,  and  set  over,  and  by  these  presents, 
does  bargain,  assign,  transfer,  and  set  over  unto  the  said 
C.  D.  the  said  herein  before  recited  bond  or  obligation,  so 
given  and  entered  into  by  the  said  Y.  Z.  to  the  said  A.  B. 


76  ASSIGNMENT. 

as  aforesaid,  and  all  his  the  said  A.  B.'s  interest  therein, 
and  all  the  benefit  and  advantage  thereof,  and  all  sums  of 
money,  principal  money,  and  interest,  secured  or  recoverable 
thereupon,  or  by  means  thereof,  and  which  is  now  due  and 
owing,  or  which  shall  or  may  hereafter  grow  due  thereon, 
and  all  powers  and  remedies  which  he  the  said  A.  B.  has  or 
ever  had  for  the  recovery  of  the  same  :  To  have,  hold,  re- 
ceive, and  take,  all  and  singular  the  premises  hereby  as- 
signed, or  intended  so  to  be,  and  the  whole  benefit  and 
advantage  thereof,  and  all  money  arising  therefrom,  unto 
the  said  C.  D.  his  executors,  administrators,  and  assigns,  to, 
and  for  his  and  their  own  proper  use  and  benefit :  And  the 
said  A.  B.  for  the  consideration  aforesaid,  has  made,  or- 
dained, constituted,  and  appointed,  and  by  these  presents 
does  make,  ordain,  constitute,  and  appoint,  the  said  C.  D. 
his  the  said  A.  B.'s  true  and  lawful  attorney,  irrevocable, 
giving  to  him  full  power  and  authority,  in  the  name  or  names 
of  him  the  said  A.  B.  his  executors,  or  administrators,  to  de- 
mand, sue  for,  recover,  levy,  and  receive,  all  and  every  sum 
and  sums  of  money  now  due  and  owing,  for  principal  and  in- 
terest on  the  said  bond  or  obligation  hereby  assigned  or  men- 
tioned, or  intended  so  to  be,  or  that  shall  or  may  hereafter 
grow  or  accrue  due  thereon,  to  and  for  the  sole  use  and  benefit 
of  him  the  said  C.  D.  in  such  manner,  and  by  such  process 
and  lawful  means  as  he  the  said  C.  D.  shall  be  advised  and 
think  proper  ;  and  upon  receipt  thereof,  or  upon  satisfaction 
being  given  to  the  said  C.  D.  for  the  same,  in  the  name 
of  the  said  A.  B.  or  in  the  name  of  him  the  said  C.  D. 
to  release  and  discharge  the  said  Y.  Z.  his  heirs,  executors, 
and  administrators,  from  the  same,  and  further,  to  do  and 
perform  all  and  every  other  lawful  act  and  acts,  thing  and 
things,  necessary  and  expedient  to  be  done  for  the  recover- 
ing, receiving,  or  discharging,  the  money  due  and  payable, 
or  that  shall  hereafter  grow  due  and  payable  on  the  said 
hereby  assigned  bond  or  obligation,  as  to  the  said  C.  D. 
shall  appear  advisable  and  expedient  :  and  one  or  more 
attorney  or  attorneys  under  him  or  them  for  the  purposes 
aforesaid,  to  constitute  and  appoint,  and  again  at  his  or 
their  pleasure  to  discharge  :  And  the  said  A.  B.  does 
hereby  covenant,  promise,  and  agree,  to  and  with  the  said 
C.  D.  that  he  the  said  A.  B.  has  not  at  any  time  here- 
tofore done  or  committed,  nor  shall  or  will  at  any  time  here- 
after, do  or  commit,  any  act,  matter  or  thing  whatsoever, 


ASSIGNMENT.  77 

whereby  the  hereby  assigned  bond  or  obligation,  or  the 
money  secured  thereby,  or  any  part  thereof,  or  any  process, 
proceedings,  suit,  judgment,  or  writ  of  execution  whatso- 
ever, that  shall  or  may  be  had,  taken,  commenced,  or  prose- 
cuted thereon,  in  pursuance  of  these  presents,  or  any  power 
or  authority  hereby  given  or  granted,  is,  are,  shall,  or  may 
be  in  any  wise  released,  impeached,  or  discharged,  hindered, 
or  avoided;  but  shall  and  will  from  time  to  time,  and  at  all 
times,  ratify  and  confirm,  all  such  matters  and  things,  writs, 
process,  executions,  and  proceedings  as  he  the  said  C.  D. 
his  executors,  administrators,  or  assigns,  shall  in  pursuance 
of  these  presents,  do,  commence,  bring,  or  prosecute,  upon 
or  by  reason  of  the  said  bond  or  obligation,  and  premises 
hereby  assigned,  in  any  wise  :  Provided  always,  and  it  is 
hereby  agreed,  by  and  between  the  said  parties  to  these 
presents,  that  if  the  said  A.  B.,  do  and  shall  well  and  truly 
pay,  or  cause  to  be  paid  unto  the  said  C.  D.  the  said  several 
and  respective  principal  sums  of  dollars, 

and  dollars  of  lawful  money  of  the    United 

States,  with  lawful  interest  for  the  same  respectively,  at  or 
upon  the  day  appointed  for  the  payment  thereof,  in  and  by 
the  said  two  several  hereinbefore  mentioned  conditions  of 
the  said  recited  bonds  or  obligations  so  entered  into,  and 
given  by  the  said  A.  R.  to  the  said  C.  D.  as  aforesaid,  and 
according  to  the  true  intent  and  meaning  of  the  same  respec- 
tively, then  this  present  indenture,  and  every  thing  herein 
contained,  shall  immediately  from  thenceforth  cease,  deter- 
mine, and  be  absolutely  void,  to  all  intents  and  purposes 
whatsoever,  any  thing  hereinbefore  contained  to  the  contrary 
thereof  in  any  wise  notwithstanding.  And  the  better  to 
effect  the  foregoing  provisions,  all  the  within  covenants, 
grants,  powers,  and  conditions,  shall  extend  to  and  bind  the 
executors,  administrators  and  assigns  of  the  parties  as  well 
as  themselves.  In  witness,  &.c. 


[19]          Of  Leasehold  Premises,  from  a  Mortgagee  and 
Mortgagor,  to  a  Purchaser. 

An  Indenture  tripartite,  made  the  fourth  day  of  March  in 
the  year  of  our  Lord,  one  thousand  eight  hundred  and  thirty- 
two,  between  A.  B.,  of  ,  of  the  first  part ;  C.  D.,  of 

7* 


78  ASSIGNMENT. 

,  of  the  second  part  ;  and  E.  F.,  of  , of  the 

third  part:  Whereas  on  the  ,  a  certain  lease  was  made 

as  follows:  [here  recite  the  lease.]  And  whereas  the  said 
[name  the  Lessee]  did  afterwards  erect  and  build  on  the  said 
piece  or  parcel  of  ground,  one  brick  messuage  or  tenement, 
pursuant  to  a  covenant  for  that  purpose  contained  in  the  said 
indenture  of  lease.  And  whereas,  in  and  by  an  indenture 
of  assignment  or  mortgage,  bearing  date  on  the  second  day 
of  January,  A.  D.  1819,  and  made  or  mentioned  to  be  made 
between  the  said  Lessee  of  the  one  part,  and  Y.  Z.,  of 
,  of  the  other  part  [reciting  to  the  effect  herein 
before  recited]  the  said  Lessee,  for  the  considerations  there- 
in mentioned,  did  assign  and  set  over  unto  the  said  Y.  Z., 
all  the  said  piece  or  parcel  of  ground,  and  the  said  messuage 
or  tenement  thereon  erected  and  built,  and  all  and  singular 
other  the  premises  in  the  said  indenture  of  lease  granted  and 
demised,  with  their  and  every  of  their  appurtenances,  to- 
gether with  the  said  indenture  of  lease,  To  hold  unto  the 
said  Y.  Z.,  his  executors,  administrators,  and  assigns,  from 
thenceforth,  for  and  during*  all  the  rest,  residue,  and  re- 
mainder, of  the  said  term  of  years,  in  and  by  the 
said  recited  indenture  of  lease  granted,  then  to  come  and 
unexpired,  under  a  proviso  in  the  said  indenture  of  mortgage 
contained  for  making  void  the  same,  on  payment  of  the  sum 
of  five  thousand  dollars  with  interest,  on  the  day  of 
,  as  in  and  by  the  said  recited  indenture  of  assign- 
ment or  mortgage,  reference  being  thereunto  had,  may 
appear:  And  whereas  by  one  other  indenture  of  assignment 
tripartite,  bearing  date  the  day  of  ,  and  made  or 
mentioned  to  be  made,  between  the  said  Y.  Z.,  of  the  first 
part,  the  said  Lessee  of  the  second  part,  and  the  said  C.  D. 
of  the  third  part;  reciting  that  there  was  then  due  and  owing 
to  the  said  Y.  Z.  for  principal  and  interest  on  the  said  re- 
cited mortgage,  the  sum  of  ,  and  that  the  said  C. 
D.  had  contracted  and  agreed  with  the  said  Lessee,  for  the 
absolute  purchase  of  the  said  mortgaged  premises,  for  the 
sum  of  dollars,  the  said  Y.  Z.,  in  consideration  of 
the  said  sum  of  ,  so  due  to  him  for  principal  and  interest 
on  the  said  mortgage,  to  hip  paid  by  the  said  C.  D.,  by  the 
direction  and  appointment  of  the  said  Lessee,  did  thereby 
grant,  bargain,  sell,  assign,  transfer,  and  set  over  ;  and  the 
said  Lessee,  in  consideration  of  the  further  sum  of 
dollars,  to  him  then  paid  by  the  said  C.  D.,  did  thereby 


ASSIGNMENT.  79 

grant,  bargain,  sell,  assign,  release,  and  confirm,  unto  the 
said  C.  D  ,  his  executors,  administrators,  and  assigns,  the 
said  recited  indenture  of  lease,  made  and  granted  to  the  said 
Lessee  as  aforesaid,  and  the  said  piece  and  parcel  of  ground, 
messuage  or  tenement,  and  all  and  singular  other  the  premi- 
ses, with  the  appurtenances,  in  and  by  the  said  recited  inden- 
ture of  lease,  demised  to  the  said  Lessee,  by  the  said  Lessor, 
or  mentioned  or  intended  so  to  be,  to  hold  unto  the  said  C. 
D.,  his  executors,  administrators,  and  assigns,  from  thence- 
forth, for  and  during  all  the  rest,  residue,  and  remainder  of 
the  said  term  of  years,  in  and  by  the  said  recited  in- 

denture of  lease  granted,  then  to  come  and  unexpired,  as  in 
and  by  the  said  last  recited  indenture  of  assignment,  refer- 
ence being  thereunto  had,  will  appear.  And  whereas  by  one 
other  indenture  of  assignment  or  mortgage,  bearing  date  the 

day  of  ,  made  between  the  said  C.  D., 

of  the  one  part,  and  the  said  A.  B.,  party  hereto,  of  the 
other  part;  \rcciling  lo  the  effect  as  hereinbefore  recited]  and 
further  reciting  that  by  one  bond  or  obligation  bearing  even 
date  herewith,  the  said  C.  D.  had  become  bound  unto  the 
said  A.  B.,  in  the  penal  sum  of  dollars,  conditioned 

for  the  payment  of  the  sum  of  dollars,  in  manner 

and  at  the  times  therein  mentioned,  the  said  C.  D.,  as  well 
for  the  better  securing  and  more  sure  payment  of  the  said 
sum  of  dollars,  according  to  the  condition  of  the  said 

bond  or  obligation,  as  also  for  other  the  conditions  therein 
mentioned,  did  grant,  bargain,  sell,  assign,  transfer,  and  set 
over,  unto  the  said  A.  B.,  his  executors,  administrators,  and 
assigns,  the  said  recited  indentures  of  lease,  made  and 
granted  to  the  said  Lessee,  as  aforesaid,  and  the  said  piece 
or  parcel  of  ground,  messuage,  or  tenement,  and  all  and 
singular  other  the  premises,  with  the  appurtenances,  in  and 
by  the  said  recited  indenture  of  lease  demised  to  the  said 
Lessee,  by  the  said  Lessor,  or  meant,  mentioned,  or  intend- 
ed so  to  be  :  To  hold  unto  the  said  A.  B.,  his  executors, 
administrators,  and  assigns,  from  thenceforth,  for  and  during 
all  the  rest,  residue,  and  remainder  of  the  said  term  of 

years,  in  and  by  the  said  recited  indenture  of  lease 
granted,  then  to  come  and  unexpired,  under  a  proviso  there- 
in contained,  for  making  void  the  same,  on  payment  of  the 
said  sum  of  dollars,  at  the  time,  and  in  manner 

thereinbefore  limited  and  appointed,  as  in  and  by  the  said 
last  recited  indenture  of  assignment,  relation  being  thereunto 


80  ASSIGNMENT. 

had,  will  appear:  And  whereas  the  said  sum  of 
dollars,  or  any  part  thereof  was  not  paid  or  satisfied  at  the 
time  mentioned  and  appointed  for  payment  thereof,  whereby 
the  estate  and  interest  of  the  said  A.  B.,  in  and  to  the  said 
mortgaged  premises  became  absolute  in  law:  And  whereas 
there  is  now  due  and  owing  to  the  said  A.  B.,  for  principal 
and  interest  on  the  said  recited  bond  and  mortgage,  to  the 
day  of  the  date  of  these  presents  the  sum  of  dol- 

lars :  And  whereas  the  said  E,  F.  has  contracted  and 
agreed  with  the  said  C.  D.,  for  the  absolute  purchase  of  the 
said  mortgaged  premises,  for  all  the  residue  and  remainder 
of  the  said  term  of  years,  in  and  by  the  said  recited 

indenture  of  lease  granted,  now  to  come  and  unexpired,  for 
the  price  or  sum  of  dollars  :  Now  this  indenture 

witnesses,  that  for  and  in  consideration  of  the  said  sum  of 
dollars,  to  the  said  A.  B.,  in  full  of  all  principal 
money,  and  interest  due  to  him  from  the  said  C.  D.,  on  such 
said  recited  bond  and  mortgage,  to  him  well  and  truly  paid 
by  the  said  E.  F. ,  by  and  with  the  consenl,  direction,  and 
appointment  of  the  said  C.  D.,  testified  by  his  being  a  party 
hereunto,  and  executing  of  these  presents,  at  or  before  tho 
sealing  and  delivery  hereof,  the  receipt  whereof  the  said  A. 
B.  does  hereby  acknowledge,  and  thereof,  and  of  and  from 
every  part  and  parcel  thereof,  does  clearly  and  absolutely 
acquit,  release,  and  discharge  the  said  E.  F.,  by  these  pre- 
sents, he  the  said  A.  B. ,  by  and  with  the  like  consent,  direc- 
tion, and  appointment,  of  the  said  C.  D.,  testified  as  afore- 
said, has  granted,  bargained,  sold,  assigned,  transferred,  and 
set  over,  and  by  these  presents  does  fully  and  absolutely 
grant,  bargain,  sell,  assign,  transfer,  and  set  over  unto  the 
said  E.  F.,  his  executors,  administrators,  and  assigns,  the 
said  recited  indenture  of  lease,  made  and  granted  to  the  said 
Lessee  as  aforesaid,  and  the  said  recited  indentures  of  as- 
signment thereof,  and  the  said  piece  or  parcel  of  ground,  and 
also  the  said  messuage  or  tenement  thereon  erected  and  built, 
and  all  and  singular  other  the  premises,  with  the  appurte- 
nances, in  and  by  the  said  recited  indenture  of  lease  demised 
to  the  said  Lessee,  by  the  said  Lessor,  or  meant,  mentioned, 
or  intended  so  to  be,  and  all  the  estate,  right,  title,  term  of 
years  now  to  come  and  unexpired,  claim  and  demand  what- 
soever, of  him  the  said  A.  B.,  in,  and  to  the  same,  and  every 
part  and  parcel  thereof,  by  force  and  virtue  of  the  said  re- 
cited indenture  of  lease  and  indentures  of  assignment,  or 


ASSIGNMENT.  81 

otherwise  howsoever  :  To  have  and  to  hold  the  said  recited 
indenture  of  lease  and  indentures  of  assignment,  piece  of 
ground,  and  messuage  or  tenement  thereon  built,  and  all  and 
singular  other  the  premises,  with  the  appurtenances  herein 
and  hereby  granted,  bargained,  sold,  assigned,  transferred, 
and  set  over,  or  meant,  mentioned,  or  intended  so  to  be,  un- 
to the  said  E.  F.,  his  executors,  administrators,  and  assigns, 
from  the  day  of  the  date  of  these  presents,  for  and  during  all 
the  rest,  and  residue,  of  the  said  term  of  years,  in 

and  bv  the  said  recited  indenture  of  lease  granted,  and  there- 
in now  to  come  and  unexpired.  And  the  said  A.  B.  does 
covenant,  promise,  and  agree,  to  and  with  the  said  E.  F.,  by 
these  presents,  that  he  the  said  A.  B.,  has  not  made,  done, 
or  committed,  or  wittingly,  or  willingly  suffered,  or  caused, 
or  procured  to  be  done,  or  committed,  any  act,  or  thing, 
whereby  or  by  reason  or  means  whereof  the  said  recited  in- 
denture of  lease,  indentures  of  assignment,  piece  of  ground, 
messuage  or  tenement,  or  any  of  them,  is,  are,  shall,  or  may 
be  impeached,  charged,  or  incumbered,  in  title,  charge,  es- 
tate, or  otherwise  howsoever.  And  this  indenture  further 
witnesses,  That  for  and  in  consideration  of  the  further  sum 
of  dollars  to  the  said  C.  D.  also  well  and  truly  paid 

by  the  said  E.  F.,  at  or  before  the  sealing  and  delivery  of 
these  presents,  the  receipt  whereof  the  said  C.  D.  does  here- 
by acknowledge,  and  thereof  and  of  every  part  and  parcel 
thereof,  does  release,  and  discharge,  the  said  E.  F.,  for  ever, 
by  these  presents,  which  said  sums  of  dollars,  and 

dollars,  make  together  the  said  sum  of 
dollars,  and  are  in  full  of  the  purchase  money  agreed  to  be 
given  for  the  said  premises  by  the  said  E.  F. ;  he  the  said 
C.  D.,  has  granted,  bargained,  sold,  assigned,  released,  and 
confirmed,  and  by  these  presents  does  fully  and  absolutely 
grant,  bargain,  sell,  assign,  release,  and  confirm  unto  the 
said  E.  F.,  his  executors,  administrators,  and  assigns,  the 
said  recited  indenture  of  lease  made  and  granted  to  the  said 
Lessee  as  aforesaid,  and  the  said  piece  of  ground,  and  mes- 
suage or  tenement  thereon  built,  and  all  and  singular  other 
the  premises,  with  the  appurtenances  in  and  by  the  said  re- 
cited indenture  of  lease  demised  to  the  said  Lessee,  by  the 
said  Lessor,  or  meant,  or  intended  so  to  be  ;  and  all  the  es- 
tate, right,  title,  term  of  years  now  to  come  and  unexpired, 
equity  and  benefit  of  redemption,  claim  and  demand  whatso- 
ever of  him  the  said  C.  D.,  both  in  law  and  equity,  or  other- 


82  ASSIGNMENT. 

wise  howsoever,  of,  in,  and  to  the  said  premises,  or  any  part 
thereof,  and  all  deeds,  evidences  and  writings,  touching  and 
concerning  the  said  hereby  assigned  premises,  or  any  part 
thereof  now  in  the  custody  or  power  of  the  said  C.  D.,  or 
any  other  person  or  persons,  for  his  use,  or  in  trust  for  him. 
To  have  and  to  hold  the  said  recited  indenture  of  lease,  par- 
cel of  ground,  messuage  or  tenement  thereon  built,  and  all 
and  singular  other  the  premises,  with  the  appurtenances  here- 
in before  mentioned,  or  intended  to  be  hereby  granted,  bar- 
gained, sold,  assigned,  released,  and  confirmed,  and  every 
part  and  parcel  thereof,  unto  the  said  E.  F.,  his  executors, 
administrators,  and  assigns,  from  henceforth  for  and  during 
all  the  rest,  residue,  and  remainder  of  the  said  term  of 
years,  in  and  by  the  said  recited  indenture  of  lease  granted, 
now  to  come  and  unexpired.  And  the  said  C.  I),  does  cov- 
enant, promise,  and  agree,  to  and  with  the  said  E.  F.,  by 
these  presents,  in  manner  following,  that  is  to  say  :  That  the 
said  recited  indenture  of  lease,  made  and  granted  to  the  said 
Lessee  as  aforesaid,  at  the  time  of  the  sealing  and  delivery 
of  these  presents,  is  good,  effectual  and  valid  in  law,  of  and 
for  the  premises  thereby  demised,  and  that  the  same  and  the 
term  of  years  thereby  leased  are  now  in  being,  and  in  no 
wise  forfeited,  surrendered,  incumbered,  or  become  void  or 
voidable  ;  and  that  they  the  said  A.  B.  and  C.  D.  have,  or 
one  of  them  has,  in  themselves  or  himself  good  right,  full 
power,  true  title,  and  lawful  and  absolute  authority  to  grant, 
bargain,  sell,  assign,  transfer  and  set  over  the  premises 
meant  or  intended  to  be  hereby  assigned,  with  their  appur- 
tenances unto  the  said  E.  F.,  his  executors,  administrators, 
and  assigns,  in  manner  and  form  aforesaid  :  And  that  he  the 
said  E.  F.,  his  executors,  administrators,  or  assigns,  shall, 
or  lawfully  may,  from  time  to  time,  and  at  all  times  hereafter, 
for  and  during  all  the  residue  and  remainder  of  the  said  term 
of  years,  in  and  by  the  said  recited  indenture  of  lease 

granted,  yet  to  come  and  unexpired,  peaceably  and  quietly 
have,  hold,  occupy,  and  enjoy,  all  and  singular  the  premises 
hereby  granted  and  assigned,  or  meant,  mentioned,  or  in- 
tended so  to  be,  and  every  part  or  parcel  thereof,  with  their 
and  every  of  their  appurtenances,  without  any  let,  trouble, 
denial,  eviction,  or  interruption,  of  or  by  them  the  said  A.  B. 
and  C .  D. ,  or  either  of  them,  or  of  or  by  any  other  person 
or  persons  whomsoever,  (except  one  indenture  of  lease  bear- 
ing date  the  day  of  whereby  the  said  C.  D. 


ASSIGNMENT.  83 

demised  to  W.  X.,  of  ,  his  executors,  administra- 

tors, and  assigns,  the  messuage  or  tenement,  known  by  the 
sign  of  the  Blue  Bell,  part  of  the  premises  hereby  assigned, 
from  the  first  day  of  April,  then  last,  for  the  term  of  fourteen 
years,  at  and  under  the  yearly  rent  of  three  hundred  dollars, 
payable  quarterly  ;  which  said  rent  of  three  hundred  dollars, 
is  from  henceforth  to  be  paid  to  the  said  E.  F. :)  And  fur- 
ther, that  he  the  said  C.  I).,  and  all  and  every  other  person 
or  persons  lawfully  claiming  or  to  claim  the  premises,  by, 
from  or  under  him,  them,  or  any  of  them,  except  as  afore- 
said, shall  and  will  from  time  to  time,  and  at  all  times  here- 
after, during  the  remainder  of  the  said  term  of  years 
now  to  come  and  unexpired,  at  the  request,  and  charges  of 
the  said  E.  F.,  make,  and  execute,  or  cause  and  procure  to 
be  made,  and  executed,  all  such  further  and  other  lawful  and 
reasonable  acts,  and  things,  assignments,  and  assurances 
whatsoever,  for  the  more  perfect,  and  absolute  conveying, 
assigning,  and  assuring  the  said  hereby  assigned  premises, 
unto  the  said  E.  F.,  his  executors,  administrators,  and  as- 
signs, for  all  the  rest,  residue,  and  remainder  of  the  said  term 
of  ,  which  shall  be  then  to  come  and  unexpired,  as 
by  the  said  E.  F. ,  shall  be  reasonably  advised,  or  required: 
And  lastly,  the  said  E.  F.  does  covenant,  and  promise,  to 
and  with  the  said  C.  D.,  that  he  the  said  E.  F.,  shall  and 
will  from  time  to  time,  from  henceforth,  for  and  during  the 
remainder  of  the  said  term  of  years,  now  to  come 
and  unexpired,  well  and  truly  pay  the  said  yearly  rent  of  three 
hundred  dollars,  at  the  times  and  in  such  manner  as  in  and 
by  the  said  first  recited  indenture  of  lease,  the  same  is  re- 
served, and  which  shall  from  henceforth  grow  due,  and  per- 
form all  the  covenants  contained  in  the  said  first  recited 
indenture  of  lease,  which  on  the  tenant's  or  lessee's  part  or 
behalf,  from  henceforth  are  or  ought  to  be  kept  and  perform- 
ed, and  also  shall  and  will  from  time  to  time  and  at  all  times 
hereafter,  keep  harmless,  and  indemnified,  the  said  C.  D., 
his  executors,  and  administrators,  of  and  from  all  damages 
and  expenses  whatsoever,  which  he  or  they  shall  or  may 
bear,  pay,  or  sustain,  for  or  by  reason  or  means  of  the  non- 
payment of  the  said  yearly  rent  or  sum  of  three  hundred  dol- 
lars, which  from  henceforth  shall  become  due  and  payable, 
or  any  future  non-performance  of  any  of  the  covenants  in  the 
said  recited  indenture  of  lease  contained. 

And  for  the  faithful  performance  of  all  the  covenants,  pro- 


84  ASSIGNMENT. 

mises  and  conditions  therein  contained,  each  of  the  parties 
hereto  binds  his  executors,  administrators  and  assigns  as  well 
as  himself. 

In  witness,  &.c. 


[iJO]  Transfer  of  Shares  in  a  Company. 

For  value  received,  I,  A.  B.,  of  ,  assign  the 

whole  of  my  right,  title,  and  interest,  of,  in  and  to  ten  shares 
in  stock  of  the  Columbia  Bridge  Company  of  Pennsylvania, 
to  C.  D.,  of  ,  and  constitute  him,  his  assigns,  and 

substitutes,  my  attorney  and  attorneys,  with  full  power  to 
receive  in  his  or  their  name  or  names,  certificates  for  the 
*said  shares,  hereby  obliging  myself  at  his  or  their  request  to 
do  all  necessary  matters  and  things  for  the  more  effectually 
transferring  the  said  shares  to  him  or  them.  Witness  my 
hand  and  seal,  this  day  of  Anno  Domini 

Attest,  A.  B.     L.S. 

*Vo/e. — This  should  be  acknowledged. 


[21]  Of  Shares  of  Stock. 

For  value  received,  I,  A.  B.,  named  in  the  thirty-one  cer- 
tificates hereto  annexed,  which  are  numbered  as  follows, 
viz:  —  No.  to  No.  ,  assign  the  shares  of  stock 
therein  mentioned,  to  C.  D.,  of  ,  and  constitute 

him,  his  assigns,  and  substitutes,  my  attorney  and  attorneys, 
with  full  power  to  receive  in  his  or  their  name  or  names, 
certificates  for  the  said  shares  ;  hereby  obliging  myself,  my 
heirs,  and  executors,  at  the  request  of  the  said  C.  1).,  or  his 
assigns  and  substitutes,  to  do  all  necessary  matters  and 
things  for  the  more  effectually  transferring  the  said  shares  to 
him  or  them.  Witness,  Sic. 

Attest,  A.  B.     L.S. 

JVo/e.— This  should  be  acknowledged. 


ASSIGNMENT.  85 


[22]  Of  a,  Deed. 

Know  all  men  by  these  presents,  That  A.  B.,  the  grantee 
within  named,  and  Mary  his  wife,  for  and  in  consideration 
of  the  sum  of  nine  hundred  dollars,  to  them  in  hand  paid  by 
C.  D.,  of,  &c,  at  and  before  the  sealing  and  delivery  hereof, 
the  receipt  whereof  is  hereby  acknowledged,  have  grant- 
ed, bargained,  sold,  assigned,  and  set  over,  and  by  these 
presents  do  grant,  bargain,  sell,  assign,  and  set  over,  unto 
the  said  C.  D.,  his  heirs  and  assigns,  all  the  within  men- 
tioned messuage,  tenement,  and  tract  of  land,  contain- 
ing, &c.  Together  with  all  and  singular  the  rights  and  ap- 
purtenances whatsoever  thereunto  belonging,  and  the  rever- 
sions and  remainders,  rents,  issues  and  profits  thereof.  To 
have  and  to  hold  the  said  messuage,  tenement,  and  tract  of 
land,  hereby  granted  and  assigned,  or  mentioned  or  intended 
so  to  be,  with  the  appurtenances,  unto  the  said  C.  D.,  his 
heirs  and  assigns,  to  the  only  proper  use  and  behoof  of  the 
said  C.  D.,  his  heirs,  and  assigns,  for  ever.  And  the  said 
A.  B.  and  his  heirs,  the  said  hereby  granted  and  assigned 
premises,  with  the  appurtenances,  unto  the  said  C.  D.,  his 
heirs  and  assigns,  against  him  the  said  A.  B.,  and  his  heirs, 
and  against  all  and  every  other  person  or  persons  whomso- 
ever lawfully  claiming,  by,  from,  or  under  him,  them  or  any 
of  them,  shall  and  will  warrant  and  forever  defend  by  these 
presents.  In  witness  whereof,  8tc. 


[23]  Of  a  Lease. 

Know  all  men  by  these  presents,  That  I,  the  within 
named  A.  B.,  the  Lessee,  for  and  in  consideration  of  the 
sum  of  one  thousand  dollars  to  me  in  hand  paid  by  C.  D., 
of,  &c,  at  and  before  the  sealing  and  delivery  hereof,  the 
receipt  whereof  I  do  hereby  acknowledge,  have  granted, 
assigned  and  set  over,  and  by  these  presents  do  grant,  assign, 
and  set  over,  unto  the  said  C.  D.,  his  executors,  adminis- 
trators, and  assigns,  the  within  indenture  of  lease,  and  all 
that  messuage,  &c,  thereby  demised,  with  the  appurtenances: 
And  also  all  my  estate,  right,  title,  term  of  years  yet  to 
come,  claim,  and  demand  whatsoever,  of,  in,  to,  or  out  of 


ASSIGNMENT. 


the  same.  To  have  and  to  hold  the  said  messuage,  &c, 
unto  the  said  C.  D.,  his  executors,  administrators,  and  as- 
signs, for  the  residue  of  the  term  within  mentioned,  under 
the  yearly  rent  and  covenants  within  reserved  and  contained 
on  my  part  and  behalf  to  be  done,  kept  and  performed. 
In  witness,  &c. 


[24]  Of  a  Mortgage. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  the 
mortgagee  within  named,  for  and  in  consideration  of  the  sum 
of  sixteen  hundred  dollars,  to  me  paid  by  C.  D.,  of,  &.c,  at 
and  before  the  sealing  and  delivery  hereof,  the  receipt  where- 
of is  hereby  acknowledged,  have  granted,  bargained,  sold, 
assigned,  and  set  over,  and  by  these  presents  do  grant,  bar- 
gain, sell,  assign,  and  set  over,  unto  the  said  C.  D.,  his 
heirs,  executors,  administrators,  and  assigns,  the  within  deed 
of  mortgage,  and  all  my  right  and  title  to  that  messuage,  &c, 
therein  mentioned  and  described,  together  with  the  original 
debt  for  which  said  mortgage  was  given,  and  all  evidence 
thereof,  and  all  the  rights  and  appurtenances  thereunto  be- 
longing. To  have  and  to  hold  all  and  singular  the  premises 
hereby  granted  and  assigned,  or  mentioned  or  intended  so  to 
be,  unto  the  said  C.  D.,  his  heirs  and  assigns,  for  ever,  subject 
nevertheless  to  the  right  and  equity  of  redemption  of  the 
within  named  E.  F.,  his  heirs  and  assigns,  (if  any  they 
have,)  in  the  same. 

In  witness  whereof,  &.c. 


[25]  Of  Indenture  of  Apprenticeship. 

Know  all  men  by  these  presents,  That  I,  the  within 
named  A.  B.,  for  divers  good  causes  and  considerations, 
have  assigned  and  set  over,  and  by  these  presents,  (as  far  as 
I  lawfully  may  or  can)  do  assign  and  set  over  the  within 
indenture,  and  the  apprentice  therein  named,  unto  C.  D., 
of,  &c,  his  executors,  administrators,  and  assigns,  for  the 
residue  of  the  term  within  mentioned,  he  and  they  perform- 
ing all  and  singular  the  covenants  therein  contained  on  my 
part  to  be  kept  and  performed,  and  indemnifying  me  from 
the  same.  In  witness,  Sic. 


ASSIGNMENT.  87 


is  assignment  cannot  be  made,  unless  the  inden- 
ture extends  to  assigns,  and  then  not  without  the  consent  of 
all  the  parties  therein  named,  which  must  be  in  writing,  and 
certified  before  a  Justice  of  the  Peace. 


[26]     A  General  Form  of  Assignment,  by  writing  on  the 
back  of  any  Instnime 
ment,  bill  of  sale,  fyc. 


back  of  any  Instrument,  whether  bond,  covenant,  agree- 
t,  bill 


Know  all  men  by  these  presents,  That  I,  the  within 
named  A.  B.,  in  consideration  of  to  me  paid  by  C. 

JD.,  of,  &.c,  the  receipt  whereof  is  hereby  acknowledged,  do 
assign  to  the  said  C.  D.,  his  executors,  administrators,  and 
assigns,  to  his  and  their  use,  all  my  interest  in  the  within 
written  instrument,  and  every  thing  therein  contained,  and 
all  benefit  and  advantage  which  may  be  derived  therefrom. 
(A  short  power  may  be  added,  when  proper,  as  follows.} — 
And  1  constitute  the  said  C.  D.  my  attorney,  irrevocable, 
with  full  power  at  his  own  charge,  in  my  name,  to  take  all 
legal  measures  and  proceedings  which  may  be  necessary 
or  proper,  for  the  recovery  and  enjoyment  of  the  assigned 
premises,  with  power  of  substitution. 

Witness  my  hand  and  seal,  &.c. 

Notes. —  All  assignments  of  clwses  in  action,  not  nego- 
tiable, should  be  transferred  by  deed. 

When  an  assignment  of  a  debt  is  made,  the  assignee  should 
give  immediate  notice  of  the  assignment  to  the  debtor,  and 
preserve  evidence  of  it.  For  if  the  debtor  should  pay  the 
assignor  without  notice,  the  assignee  would  have  no  remedy, 
except  against  the  assignor.  But  if,  after  notice,  he  pays 
the  assignor,  he  would  be  liable  to  pay  it  again  to  the  as- 
signee.—  9  Johns.  Rep.  64. 

In  general  the  assignee  of  a  chose  in  action  takes  it  sub- 
ject to  all  the  equity,  which  existed  between  the  original 
parties. —  2  Johns.  Rep.  595. 


[27]  Of  Notes  of  Hand  by  Indenture. 

An  Indenture  of  two  parts  made  this  day  of,  Sac, 

by  and  between  A.,  of 

,  of  the  other  part. 


88  ASSIGNMENT. 

Whereas  C.,  of  ,  yeoman,  did,  on  the 

day  of  ,  by  his  deed  convey  to  said  A.  sundry  par- 

cels of  real  estate,  situated  in  ,  and  by  another 

deed  of  the  same  date  did  convey  to  him  four  rights  of  land 
in  ,  and  the  said  C.  and  the  said  A.  did,  at  the 

same  time  execute  an  Indenture  bearing  the  same  date, 
wherein  the  said  A.  did,  among  other  (hings,  covenant  with 
the  said  C.  to  reconvey  to  him  the  said  parcels  of  estate,  if 
the  said  C.,  within  nine  months  from  the  date  of  said  Inden- 
ture, would  pay  to  the  said  A.  such  sums  of  money  as  should 
become  due  on  seven  promissory  notes  of  said  C.  in  said 
Indenture  mentioned.  And  whereas  the  said  A.  has  this 
day  granted,  assigned,  transferred  and  set  over  to  the  said 
B.,  all  the  aforesaid  parcels  of  real  estate,  and  six  of  the 
said  notes,  the  other  having  been  paid  :  Now  this  Indenture 
witnesses,  that  the  said  A.,  in  consideration  of  dol- 

lars to  him  paid  by  the  said  B.,  the  receipt  whereof  is  here- 
by acknowledged,  has  granted,  assigned,  transferred,  and 
set  over,  and  by  these  presents  he  does  grant,  assign,  trans- 
fer, and  set  over,  to  the  said  B.  and  his  legal  representa- 
tives, all  the  said  promissory  notes  therein  mentioned,  (ex- 
cepting only  one,  dated  ,  for  ,  which  was 
made  payable  on  ,  with  interest,  and  which  has 
been  paid,)  and  all  and  every  sums  or  sum  of  money  which 
has  become  or  shall  become  due  and  owing,  on  said  six 
notes  of  hand  so  transferred  or  intended  to  be  transferred  as 
aforesaid.  And  the  said  A.  does  hereby  constitute  and  ap- 
point the  said  B.  his  lawful  attorney  irrevocable,  in  the 
name  and  stead  of  the  said  A.,  but  at  the  costs  and  for  the 
benefit  of  the  said  B.  to  demand,  sue  for,  recover  and  receive 
of  the  said  C.  all  and  every  sums  and  sum  of  money,  now 
due,  or  which  shall  become  due  on  or  by  virtue  of  any  and  all 
of  said  notes  ;  and  to  institute  and  prosecute  all  such  actions 
and  processes,  as  to  the  said  B.  may  appear  expedient,  for 
the  recovery  and  collection  of  the  amount  of  any  or  all  of  said 
notes;  —  and  to  demand,  recover  and  enforce  of  the  said  C., 
the  observance,  performance  and  fulfilment  of  all  and  sin- 

fular  the  covenants  and  agreements  in  said  first  mentioned 
ndenture  on  the  part  of  the  said  C.  to  be  performed  and 
observed:  and  therefor  to  institute,  prosecute,  settle,  and  dis- 
charge all  needful  suits  and  processes  as  aforesaid  in  the 
name  of  said  A. 


ASSIGNMENT.  89 

And  the  said  A.  does  covenant  with  the  said  B. ,  that  he 
•will  not  revoke  the  power  of  attorney  herein  provided  ;  that 
he  has  not  released  or  discharged,  and  that  he  will  not  re- 
lease or  discharge  the  said  first  named  indenture,  or  any 
part  thereof:  and  that  he  will  not  do,  or  suffer  to  be  done 
in  his  name,  any  thing  that  will  delay  or  embarrass  the  said  B. 
in  obtaining  for  himself  the  full  benefit  of  the  hereby  granted 
and  assigned  premises  ;  and  that  the  said  A.  will,  at  all 
times,  on  request  of  said  B.,  at  his  the  said  B.'s  charge, 
execute  any  and  all  necessary  and  reasonable  further  assur- 
ance in  the  premises  ;  and  the  said  A.  further  gives  to  said 
B.  full  power  in  his  name  to  do  all  needful  acts  and  things 
in  and  about  obtaining  the  payment  of  said  notes,  and  the 
fulfilment  of  said  first  mentioned  indenture,  and  the  discharge 
of  the  same. 

It  is  mutually  understood  by  the  parties,  that  the  said  A. 
shall  be  in  no  manner  responsible  for  the  payment  of  said 
notes,  nor  for  the  performance  by  said  C.  of  any  of  his  cove- 
nants and  agreements. 

And  the  heirs,  executors,  administrators,  and  assigns,  of 
each  of  the  parties  hereto,  respectively,  shall  be  entitled  to 
all  the  benefits,  and  liable  to  perform  all  the  covenants  and 
conditions  herein  provided  on  behalf  of  said  A.  and  B.  re- 
spectively. 

In  testimony  whereof,  &.c. 


[28]  Of  Money  due  for  Freight  of  a  Ship. 

To  all  persons  to  whom  these  presents  shall  come,  I,  A. 
B.,  of,  &.c,  send  greeting.  Know  ye,  that  in  consideration 
of  the  sum  of  to  me  paid  by  C.  D.,  of,  &c,  the  re- 

ceipt whereof  is  hereby  acknowledged,  I,  the  said  A.  B., 
have  granted,  sold,  assigned,  and  set  over  ;  and  I  do  here- 
by grant,  sell,  assign,  and  set  over,  to  the  said  C.  D.,  the 
one  full  and  equal  thirty-second  part  of  all  such  sum  and 
sums  of  money,  as  are  remaining  due  and  owing  from  all 
persons  for  or  on  account  of  the  ship  ,  of  the  bur- 

then of  about  tons,  O.  P.,  master,  for  the  freight, 

hire,  or  service  of  the  said  ship,  or  otherwise,  and  payable, 
or  belonging  to  me  the  said  A.  B.,  as  the  owner  of  the  said 
thirty-second  part  of  the  said  ship,  whereof  I  am  at  this 
8* 


90  ASSIGNMENT. 

time  the  owner  :  and  all  my  right,  title,  interest  and  pro- 
perty of  or  in  the  same  earnings  of  my  proportion  of  said 
ship. 

To  have  and  to  hold  the  same  to  the  said  C.  D.,  his  ex- 
ecutors, administrators,  and  assigns,  to  his  and  their  use  and 
behoof  forever. 

[Add  a  power  of  attorney  to  collect  and  recover  the 
same.] 

In  testimony  whereof,  &c. 


[29]        Of  Money  due  for  Freight,  $c.  —  (another  form.) 

To  all  persons  to  whom  these  presents  shall  come,  I,  A. 
B.,  of,  &.c,  master  of  the  good  ship  or  vessel  called  the 
,  send  greeting.  Whereas  I,  the  said  A.  B.,  by  a 
charter  party,  or  instrument  in  writing,  dated  on  the,  &c,  did 
let  on  freight  to  O.  P.,  of,  &c,  the  one  half  of  the  said 
ship,  on  and  for  a  voyage  then  about  to  be  performed  by  said 
ship  from  to  ,  which  voyage  has  been  per- 

formed, for  the  sum  of  ,  which  is  now  due  and  pay- 

able by  said  O.  P.  to  me.     Now  therefore  know  ye,  &c, 
[as  before.] 


[30]      Of  Moneys  due  on  Account  —  (a  short  form. ) 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of,  &c, 
in  consideration  of  the  sum  of  to  me  paid  by  C.  D., 

of,  &c,  the  receipt  whereof  is  hereby  acknowledged,  do 
hereby  sell,  assign,  and  set  over  to  him  the  said  C.  D.  for 
his  own  exclusive  use  and  benefit,  the  sum  of  ,  as 

represented  in  the  account  hereto  annexed,  and  all  other 
sums  due  to  me  from  Y.  Z.,  mentioned  in  said  annexed 
account  as  my  debtor  :  with  full  power  and  authority  in  my 
name  in  any  and  every  proper  manner,  to  demand  and  en- 
force payment  of  the  same,  and  to  give  discharges  therefor. 
And  I  do  hereby  covenant  with  the  said  C.  D.,  that  the  said 
sum  of  at  least,  is  justly  due  from  said  Y.  Z.  to  me 

the  said  A.  B. 

In  testimony  whereof,  &.c. 


ASSIGNMENT.  91 


[31]         Of  a  Policy  of  Insurance,  by  Indorsement. 

Know  all  men  by  these  presents,  that  I,  the  within  named 
A.  B.,  for  and  in  consideration  of  the  sum  of  to  me 

paid  by  C.  D.,  of,  Stc,  the  receipt  whereof  is  hereby  ac- 
knowledged, have  sold,  assigned,  transferred,  and  set  over, 
and  by  these  presents  I  do  absolutely  sell,  assign,  transfer, 
and  set  over  to  him,  the  said  C.  D.,  all  my  right,  property, 
interest,  claim  and  demand,  in  and  to  the  within  policy  of 
insurance,  which  have  already  arisen,  or  which  may  here- 
after arise  thereon,  with  full  power  to  use  my  name  so  far  as 
may  be  necessary,  to  enable  him  fully  to  avail  himself  of  the 
interest  herein  assigned,  or  hereby  intended  to  be  assigned. 
The  conveyance  herein  made,  and  the  powers  hereby  given, 
are  for  myself  and  my  legal  representatives  to  said  C.  D.} 
and  his  legal  representatives. 

In  testimony  whereof,  &,c. 


[32]       Of  Prize- Money,  and  Prizes  taken  at  Sea. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  , 
master  mariner,  late  master,  and  now  part-owner  of  the  pri- 
vateer man-of-war,  called  the  ,  in  consideration  of 
the  sum  of  to  me  paid  by  C.  D.,  of,  Stc,  the  receipt 
whereof  is  hereby  acknowledged,  do  hereby  give,  grant,  sell, 
and  assign  to  him  the  said  C.  D.,  all  sums  and  every  sum 
of  money  which  are  now  due,  or  which  may  hereafter  be- 
come due  and  payable  to  me,  on  account  or  in  respect  of  my 
nine  shares  or  nine  one-hundredth  parts  in  said  privateer 
man-of-war  —  in  and  to  the  prize-money  in  two  vessels  and 
their  cargoes,  called  the  ,  and  the  ,  hereto- 
fore captured  by  the  said  privateer,  and  which  two  captured 
vessels  and  their  cargoes  have  been  condemned  as  lawful 
prizes —  and  all  my  interest,  of  every  name  and  nature,  to 
be  derived  from,  or  in  respect  of  the  said  two  prizes. 

To  -have  and  to  hold  the  same  to  the  said  C.  D.,  his  ex- 
ecutors, administrators,  and  assigns,  to  his  and  their  use  and 
behoof  forever.  And  to  the  intent  that  the  said  C.  D.  may 
be  the  better  enabled  to  avail  himself  of  the  benefit  of  what 
is  hereby  assigned,  I  hereby  authorize  him  and  his  legal  re- 


92  ASSIGNMENT. 

presentatives  to  use  my  name  at  his  own  charge  in  all  ways 
that  may  appear  necessary.  And  1  do  further  covenant 
with  the  said  C.  D.,  that  I  will  at  his  request,  and  at  his 
charge,  execute  to  him  all  and  every  further  conveyance 
and  assurance  that  may  be  deemed  necessary  to  enable  him 
fully  to  avail  himself  of  the  benefit  of  this  assignment. 
In  testimony  whereof,  &c. 


[33]  Of  a  Sailor's  Wages. 

To  all  persons  to  whom  these  presents  shall  come,  A.  B., 
of,  &c,  sends  greeting. 

Know  ye,  that  I,  the  said  A.  B.,  for  and  in  consideration 
of  the  sum  of  ,  in  which  I  am  justly  indebted  to  C , 

D.,  of,  &c,  have  hereby  assigned,  sold,  and  set  over,  and 
by  these  presents  I  do  hereby  assign,  sell,  and  set  over  unto 
the  said  C.  D.,  all  such  sum  or  sums  of  money  as  are  now 
due  and  owing  to  me,  the  said  A.  B.,  for  wages.or  services 
on  board  the  ship  or  vessel  called  the  ,  from  the 

master  or  owner  of  said  vessel,  on  board  of  which  vessel  I 
served  as  a  mariner  on  her  voyage  from  to  , 

which  has  recently  terminated.  And  to  enable  the  said  C. 
D.  the  better  to  recover  and  receive  the  same,  I  do  hereby 
appoint  him,  the  said  C.  D.,  my  attorney  irrevocable,  with 
full  power  in  my  name,  but  at  his  charge,  to  prosecute  any 
and  all  persons  liable  therefor,  and  receive  and  recover  the 
same,  and  give  discharges  therefor. 

[Add  covenants  that  A.  B.  has  not  released,  and  that  he 
will  give  further  assurance.] 

In  witness  whereof,  &c. 


[34]     Of  a  Mortgage  as  Collateral  Security  — with  the 
Principal  Security. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  the  within 
named  mortgagee,  in  consideration  of  the  sum  of  to 

me  paid  by  C.  D.,  of,  &c,  the  receipt  whereof  is  hereby  ac- 
knowledged, do  hereby  give,  grant,  assign,  and  set  over,  to 
the  said  C.  D.,  his  heirs,  executors,  administrators,  and  as- 
signs, the  within  deed  of  mortgage,  and  all  my  right,  title, 


ASSIGNMENT.  93 

and  interest  in  and  to  the  estate  and  property  therein  de- 
scribed, together  with  the  [note,  bond,  <Sfc,  as  the  case  may 
be]  therein  described,  for  the  security  of  the  payment  of 
which,  the  within  deed  of  mortgage  was  made. 

To  have  and  to  hold  the  same  to  the  said  C.  D.,  his  heirs, 
executors,  administrators,  and  assigns,  to  his  and  their  use 
and  behoof  for  ever  —  subject  nevertheless  to  the  right  and 
equity  of  redemption  which  the  within  named  E.  F.,  has  in 
and  to  the  within  mortgaged  premises  :  with  full  power  to 
the  said  C  D.,  to  use  my  name  as  may  be  found  necessary 
to  enable  him  to  avail  himself  fully  of  the  full  advantage  of 
all  and  singular  the  things  hereby  assigned. 

In  testimony  whereof,  &c. 

JVbte.  —  It  is  expedient  that  there  should  be  two  witnesses 
to  every  deed  or  assignment  of  a  deed,  for  in  some  states  it 
is  required,  and  when  the  assignment  respects  title  to  real 
estate,  it  should  be  acknowledged. 


[35]   Of  a  Debtor  to  Trustees  for  the  benefit  of  his  Creditors. 

An  Indenture  of  three  parts  made  this  first  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  thirty-two,  by  and  between  A.  B.  of  , 
merchant,  of  the  first  part,  C.  D.  Esq.,  and  E.  F.  mer- 
chant, of  ,  of  the  second  part,  and  W.  X  ,  Y.  Z., 
and  the  various  other  persons,  creditors  of  said  A.  B.,  or 
who  have  incurred  liabilities,  or  become  responsible  on  his 
account,  and  who  shall  become  parties  hereto  of  the  third 
part. 

Whereas  the  said  A.  B.  is  justly  indebted  in  various 
large  sums  of  money,  to  the  several  persons,  commercial 
houses  and  corporations,  as  is  hereinafter  mentioned  ;  and 
by  reason  of  many  severe  and  heavy  losses  and  misfortunes, 
which  have  attended  and  resulted  from  his  business  opera- 
tions, his  remaining  property  will  not  probably  avail  enough 
to  enable  him  to  pay  all  his  debts  and  discharge  all  his  lia- 
bilities with  punctuality,  or  in  full  ;  and  the  said  A.  B.  is 
desirous  of  making  such  a  disposition  of  his  property,  as  that 
sacrifices  may  be  avoided,  and  that  it  may  produce  the  most 
that  can  be  realized  therefrom,  to  be  promptly  and  justly 
distributed  among  his  creditors. 


94  ASSIGNMENT. 

Now  to  effect  the  purposes  aforesaid,  THIS  INDENTURE 
WITNESSES,  that  the  said  A.  B.  in  consideration  of  the 
premises,  and  of  five  dollars,  to  him  paid  by  the  party  hereto 
of  the  second  part,  the  receipt  whereof  is  hereby  acknow- 
ledged; and  farther  in  consideration  of  the  covenants  and 
agreements  herein  contained,  on  behalf  of  the  parties  here- 
to of  the  second  and  third  parts,  has  given,  granted,  sold, 
assigned  and  set  over;  and  by  these  presents  he  does  give, 
grant,  sell,  assign,  and  set  over  to  the  said  C.  D.  and  E.  F. 
and  their  assigns  ;  and  to  the  survivor  of  them,  the  said 
C.  D.  and  E.  F.,  and  the  heirs,  executors,  administrators, 
and  assigns  of  such  survivor,  all  his  the  said  A  B.'s  proper- 
ty, real,  personal,  and  mixed,  to  wit,  his  real  estate,  vessels, 
cargoes,  stocks,  goods,  wares,  merchandize,  bills,  bonds, 
notes  of  hand,  book  accounts,  claims,  demands,  choses  in 
action,  and  property,  of  every  name  and  nature,  which  are 
enumerated  and  described  on  the  schedule  hereto  annexed, 
marked  D.,  [or,  and!  the  same,  as  nearly  as  can  now  con- 
veniently be  done,  are  enumerated  on  the  schedule  hereto 
annexed  marked  D.  *]  which  schedule  is  hereby  referred  to 
and  made  a  part  of  this  Indenture. 

To  HAVE  AND  TO  HOLD  the  same  to  them  the  said  C.  D., 
and  E.  F.  and  their  assignees  ;  and  to  the  survivor  of 
them,  and  to  the  heirs,  executors,  administrators,  and  as- 
signs of  such  survivor,  IN  TRUST,  however,  for  the  following 
uses  and  purposes,  to  wit  ;  That  they  the  said  C.  D.  and 
E.  F.,  &c,  assignees  as  aforesaid,  shall  proceed  in  the  man- 
ner that  they  may  deem  most  for  the  interest  of  all  concern- 
ed, to  sell  and  dispose  of,  and  to  execute  good  and  sufficient 
deeds,  bills  of  sale,  releases,  and  all  other  instruments  of 
conveyance,  to  effect  a  sale  and  transfer  of  any  and  all  the 
estates,  vessels,  stocks,  goods,  wares,  merchandize,  bills, 
bonds,  notes  of  hand,  accounts,  property,  claims,  demands, 
choses  in  action,  and  other  things,  hereby  conveyed  or  in- 
tended to  be  conveyed,  to  such  persons,  for  such  prices, 
and  on  such  terms  and  conditions,  for  cash  or  on  customary 
credits,  at  private  sale  or  public  auction,  as  in  their  judg- 
ment may  appear  best  and  most  for  the  interest  of  all  con- 

*  Sometimes  the  debtor's  household  furniture  and  other  things  are 
omitted  from  the  conveyance.  When  it  is  intended  to  make  omis- 
sions, they  should  be  here  plainly  stated.  It  cannot  however  be 
doubted  that  such  exceptions  will  tend  in  some  degree  to  draw  in 
question  the  validity  of  such  assignments. 


ASSIGNMENT.  95 

cerned,  and  to  collect  the  proceeds  of  such  sales  ;  and  also 
to  collect  and  realize  in  money  the  most  that  may  be  practi- 
cable from  the  bills,  bonds,  notes  of  hand,  accounts,  claims, 
demands,  and  choses  in  action  hereby  conveyed  or  intended 
to  be  conveyed.  And  from  the  proceeds  of  such  sales  and 
collections,  the  said  assignees,  and  the  survivor  of  them,  &c, 
shall  pay  all  the  just  and  reasonable  expense  and  charges  of 
making  and  carrying  into  full  effect  this  assignment  and  the 
objects  thereof;  in  doing  which  the  said  assignees  are  here- 
by authorized,  according  to  their  discretion,  to  employ  one 
or  more  attorney  or  attorneys,  agent  or  agents,  who  shall  be 
by  them  paid,  out  of  such  proceeds,  a  reasonable  compensa- 
tion for  their  services  ;  and  the  said  assignees  shall  retain 
for  themselves  a  just  and  reasonable  commission  as  compen- 
sation for  their  labour,  trouble  and  responsibility  in  the 
premises  :  — And  the  residue  of  the  proceeds  of  such  sales 
and  collections  shall  be  considered  as  the  net  avails  or  pro- 
ceeds of  the  property  and  effects  hereby  assigned. 

And  first  out  of  the  said  net  avails  or  proceeds  the  said 
assignees,  and  the  survivor  of  them,  &c,  shall  pay  and  dis- 
charge in  full  all  the  custom-house  bonds,  and  other  debts  of 
the  said  A.  B.  to  the  United  States,  which  are  intended  to 
be  correctly  enumerated  and  stated  on  the  schedule  hereto 
annexed,  marked  A,  which  schedule  is  hereby  referred  to 
and  made  a  part  of  this  indenture  ;  and  secondly,  the  said 
assignees,  from  said  net  avails  or  proceeds,  which  shall  re- 
main after  the  payment  of  said  custom-house  bonds  and 
debts  of  said  A.  B.  to  the  United  States,  shall  pay  all  the 
debts,  balances,  and  sums  due  from  the  said  A.  B.,  or  for 
which  he  is  liable,  which  are  named  in  the  schedule  hereto 
annexed,  marked  B,  which  is  hereby  referred  to  and  made 
a  part  of  this  indenture;  — and  if  said  remainder  of  said  net 
avails  or  proceeds  shall  not  be  enough  to  pay  the  debts  and 
liabilities  of  said  A.  B  ,  enumerated  on  said  schedule  B  in 
full,  then  the  same  shall  be  by  said  assignees  paid  pro  rata, 
witii  all  of  the  said  net  avails  or  proceeds  which  shall  remain; 
provided  however,  that  no  one  of  the  debts,  balances,  or  lia- 
bilities, mentioned  in  said  schedule  B,  shall  be  paid  in  any 
part,  in  which  the  holder  thereof,  or  the  claimant  therefor, 
shall  not  become  a  party  hereto  within  the  time  limited  here- 
in for  becoming  party  hereto.  And,  thirdly,  the  rest  and 
residue  of  said  net  avails  or  proceeds,  if  any  shall  remain, 
the  said  assignees  as  aforesaid,  shall  pay  and  divide  to  and 


96  ASSIGNMENT. 

among  all  the  persons,  commercial  houses  and  corporations, 
creditors  of  said  A.  B.,  named  in  the  schedule  hereto  an- 
nexed marked  C,  who  shall  become  parties  to  this  Indenture 
on  the  terms  and  conditions  thereof,  in  the  proportion  of 
their  respective  just  claims  and  demands  on  said  A.  B.  And 
all  the  creditors  of  said  A.  B.,  or  those  who  may  become 
his  creditors  by  means  of  any  now  existing  acceptance,  in- 
dorsement, suretyship,  or  liability  for  him,  who  are  not 
named  on  said  schedules  B  or  C,  may  become  parties  to 
this  Indenture  according  to  the  terms  and  conditions  there- 
of; and  thereupon  their  names  with  the  supposed  amount 
of  their  respective  demands  against  said  A.  B.,  shall  be  in- 
serted on  said  schedule  C.  If  any  error  shall  be  found  in 
the  description  of  the  demands  mentioned  in  schedule  B,  as 
to  dates,  accounts,  or  times  of  payment,  the  same  shall  be 
corrected  according  to  the  fact  by  said  assignees. 

And  if  the  said  net  avails  and  proceeds  shall  be  enough  to 
pay  the  said  custom-house  bonds,  and  debts  to  the  United 
States,  and  all  the  demands  and  liabilities  against  the  said 
A.  B.,  enumerated  on  said  schedules  B  and  C,  wherein 
the  creditors  or  claimants  shall  become  parties  to  this  Inden- 
ture within  the  time  and  on  the  terms  herein  provided  ;  — 
and  after  paying  the  same,  a  surplus  shall  remain  in  the 
hands  of  said  assignees  as  aforesaid,  such  surplus  shall  be 
paid  to  said  A.  B.,  his  executors,  administrators,  and  as- 
signs. 

And  the  said  A.  B.,  for  himself,  his  executors  and  admin- 
istrators, does  hereby  appoint  the  said  C.  D.  and  E.  F.,  and 
the  survivor  of  them,  and  the  executors  and  administrators 
of  such  survivor,  to  be  his  and  their  attorney  or  attorneys, 
irrevocable,  with  power  of  substitution,  with  full  power  and 
authority  in  the  name  of  him  the  said  A.  B.  and  his  legal  re- 
presentatives to  do  all  matters,  acts,  and  things  at  their  own 
charge,  which  they  may  deem  necessary  in  making  convey- 
ances, prosecuting  and  defending  suits,  giving  releases  and 
discharges,  making  references  and  compromises,  for  carry- 
ing this  assignment,  and  the  objects  of  it,  into  full  and  com- 
plete effect.  And  the  said  A.  B.,  for  the  consideration 
aforesaid,  further  covenants  with  said  assignees,  that  he 
will  at  all  times,  on  request,  execute  and  deliver  to  them 
such  deeds,  instruments,  and  further  assurance,  as  they  shall 
deem  necessary  for  the  conveyance  of  effects  hereby  intended 


ASSIGNMENT,  97 

to  be  assigned,  and  for  enabling  them  to  execute  and  fulfil 
the  trusts  herein  provided. 

And  the  said  C.  D.  and  E.  F. ,  the  assignees  herein  nam- 
ed, do  hereby,  in  consideration  of  the  covenants  and  agree- 
ments herein  contained,  ACCEPT  the  said  assignment.  And 
they,  and  the  survivor  of  them,  and  the  heirs,  executors, 
administrators,  and  assigns  of  such  survivor,  severally,  and 
not  jointly,  or  one  for  the  other,  covenant  with  each  and 
every  of  the  persons  and  corporations,  parties  hereto  of  the 
first  and  third  part,  that  they  will  with  diligence  and  fidelity 
execute,  perform,  and  fulfil,  all  and  singular  the  trusts  reposed 
in  them,  according  to  the  terms  and  provisions  of  this  Inden- 
ture. But  neither  of  them  shall  be  answerable  for  the  neg- 
ligence or  misdoings  of  any  other  person  of  the  parties  here- 
to of  the  second  part,  or  of  their  or  any  of  their  agents  or 
attorneys  ;  but  each  of  them  shall  be  responsible  only  for  the 
acts  or  negligence  done  or  committed  by  himsejf,  and  for  his 
own  diligence  and  fidelity  in  the  premises. 

And  the  said  W.  X.,  Y.  Z.,  and  all  the  other  persons, 
commercial  houses,  and  corporations,  creditors  of  said  A.  B. 
and  parties  hereto,  of  the  third  part,  each  for  himself  and 
themselves,  and  for  their  respective  executors,  administra- 
tors, assigns,  and  copartners  in  business,  in  consideration 
of  the  conveyances,  covenants,  and  conditions  herein  made 
and  provided  on  behalf  of  the  parties  hereto  of  the  first  and 
second  part,  do  hereby  declare  their  approbation  of  this  as- 
signment, and  of  all  the  terms  and  conditions  thereof:  and 
of  the  appointment  of  said  C.  D.  and  E.  F.,  the  survivor  of 
them,  &c,  assignees  as  is  herein  provided.  And  each  and 
every  of  the  persons,  commercial  houses  and  corporations, 
parties  hereto  of  the  third  part,  for  the  considerations  herein 
before  expressed,  do  for  themselves  and  their  respective  ex- 
ecutors, administrators,  assigns,  and  copartners  in  business, 
ACCEPT  the  said  assignment,  and  the  payments  and  divi- 
dends that  they  may  respectively  receive  under  and  by  force 
of  the  same,  IN  FULL  SATISFACTION  AND  DISCHARGE  of  all 
and  singular  their  several  and  respective  claims  and  demands 
against  the  said  A.  B.,  whether  the  same  are  now  due  or  not 
due;  and  of  all  claims  and  demands,  which  they  as  aforesaid 
may  hereafter  have  on  the  said  A.  B.,  in  consequence  of  any 
present  existing  acceptance,  indorsement,  suretyship,  or  lia- 
bility, by  them  respectively  made  or  assumed  for  his  account. 
And  they,  the  respective  persons,  &c,  parties  hereto  of  the 
9 


98  ASSIGNMENT. 

third  part,  in  consideration  of  the  premises,  do  severally  as 
aforesaid,  RELEASE  AND  DISCHARGE  the  said  A.  B.,  his 
heirs,  executors,  and  administrators,  of  and  from  all  and  sin- 
gular the  demands,  which  they  or  either  or  any  of  them  now 
have,  or  by  possibility  from  the  existing  state  of  things  may 
have  hereafter  on  the  said  A.  B.,  or  his  legal  representa- 
tives. 

And  whereas  it  is  intended  that  an  opportunity  shall  be 
given  to  all  the  creditors  of  said  A.  B.  to  become  parties  to 
this  assignment,  and  to  share  in  the  benefit  thereof,  it  is  fur- 
ther agreed  by  all  the  parties  hereto,  and  by  each  of  the 
persons,  party  hereto,  that  the  term  of  months* 

from  the  day  of  the  date  hereof  shall  be  allowed,  to  all  the 
creditors  of  said  A.  B.,  and  to  all  those  who  may  have  any 
claims  on  him  as  aforesaid,  to  become  parties  hereto. 

And  it  is  further  provided  and  agreed,  by  all  the  parties 
hereto  as  aforesaid,  that  if  any  of  the  bills  of  exchange,  notes 
of  hand,  or  other  securities  drawn  or  indorsed  by  said  A.  B. 
and  payable  at  a  distant  day,  shall,  at  their  maturity,  be  un- 
paid by  other  parties  thereto,  who  are  under  a  prior  liability 
thereon,  so  that  the  holders  thereof  shall  have  a  just  demand 
thereon  against  the  said  A.  B.,  such  holders  of  such  secu- 
rities may  become  parties  to  this  assignment,  and  entitled  to 
claim  pro  rata  with  those  whose  names  shall  be  inserted  on 
the  said  schedule  marked  C.,  if  they  shall  respectively  be- 
come parties  thereto  within  two  months  from  the  times  that 
said  bills,  notes,  and  other  securities,  shall  respectively  ar- 
rive at  maturity  and  become  payable,  and  notice  thereof  shall 
be  given  to  the  person  or  party  claiming  thereon. 

And  it  is  further  agreed  by  all  the  parties  hereto,  that  the 
said  assignees  may  at  the  charge  of  the  trust  fund,  obtain, 
and  at  all  times  keep  suitable  and  reasonable  insurance  on 
all  the  property  and  effects  hereby  conveyed  in  trust,  until 
the  same  shall  have  been  sold  and  payment  made,  or  suffi- 
cient security  given  therefor. 

And  it  is  further  agreed  by  all  the  parties  hereto,  that  the 

*  The  time  allowed  for  persons  to  become  parties  should  [>c  ac- 
cording to  circumstances.  If  it  was  unreasonably  long,  or  short,  it 
might  be  considered  fraudulent.  If  all  the  creditors  reside  near  the 
debtor,  30  days,  and  sometimes  less  is  enough.  If  scattered  all  over 
the  Union,  90  days  would  not  be  too  long.  Six  month*  is  short 
enough  if  any  creditor  lives  in  Europe.  The  assignees  should  give 
immediate  notice  of  the  time  to  each  of  the  creditors. 


ASSIGNMENT.  99 

said  assignees  as  aforesaid,  may  in  their  discretion  refer  any 
and  all  disputed  demands,  and  questions  that  may  arise  in 
relation  to  this  assignment  and  any  of  the  provisions  there- 
of: and  every  award,  or  report,  that  shall  be  made  on  such 
reference,  shall  be  binding  upon  each  and  every  of  the  per- 
sons, &c,  parties  hereto .  And  the  said  assignees  as  afore- 
said may  make  such  compromises  of  any,  or  all  the  claims 
and  demands  hereby  intended  to  be  assigned,  as  in  their 
judgment  may  appear  best  for  all  concerned.  And  when 
the  said  assignees  shall  have  proceeded  so  far  in  the  sales  of 
the  property  and  the  collection  of  the  demands  hereby  as- 
signed, as  to  make  it,  in  their  judgment,  expedient,  they 
may  in  their  discretion  sell  at  auction  all  remaining  ptoperty 
or  demands,  conveyed  by,  or  arising  under  this  assignment, 
and  close  the  concern.  And  if  they  shall  pay  all  the  debts 
due  from  the  said  A.  B.  to  all  the  parties  hereto  ;  or  if  the 
said  A.  B.  shall,  in  any  manner,  pay  in  full  all  his  debts  to 
the  several  persons,  &.c,  parties  hereto,  or  obtain  their  several 
discharges  therefor,  then  the  said  assignees  shall  convey  and 
reassign  to  the  said  A.  B.,  or'his  assigns,  all  the  remaining 
property  and  securities  which  under  this  assignment  they 
shall  receive. 

And  it  is  further  agreed  by  all  the  parties  hereto,  that  out 
of  the  proceeds  of  the  property  hereby  assigned,  the  said  as- 
signees shall  pay  and  discharge  in  full  all  the  debts  of  said 
A.  B.  to  any  and  all  persons,  whether  they  become  parties 
to  this  assignment  or  not,  which  do  not  severally  and  respec- 
tively exceed  the  sum  of  fifty  dollars. 

And  it  is  further  agreed  by  all  the  parties  hereto,  that  all 
the  monev  or  property  which  is  in  the  hands  of,  or  which  is 
claimed  by  said  A.  B.  in  trust  for  any  and  all  other  persons, 
shall  be  excepted  from  this  assignment,  and  the  same  shall 
be  paid  or  assigned  by  said  A.  B.  in  the  manner  in  which 
it  should  be  in  equity,  for  the  purpose  of  executing  and  dis- 
charging his  trusts. 

And  it  is  further  agreed  by  all  the  parties  hereto  as  afore- 
said, that  if  any  creditor  of,  or  claimant  on  the  said  A.  B., 
who  shall  become  party  hereto,  and  whose  name  shall  be 
borne  on  said  schedule  C,  shall  be  of  opinion  that  on  the 
customary  principles  on  which  assignments  are  made,  his 
demand  ought  to  be  preferred  or  paid  in  full,  or  in  any 
greater  degiee  than  the  other  debts  enumerated  on  said 
schedule  C  —  such  question  shall  be  decided  by  a  reference 


100  ASSIGNMENT. 

to  three  persons ;  one,  to  be  appointed  by  such  claimant, 
one  by  the  said  A.  B.,  and  one  by  said  assignees —  and  the 
decision  of  said  referees,  or  a  majority  of  them,  made  after 
notice  to  the  parties  to  be  heard,  shall  be  binding  on  all  the 
parties  hereto ;  provided,  however,  that  no  such  report  or 
award  shall  have  any  binding  force,  unless  the  same  shall  be 
made  in  writing  within  sixty  days  from  the  day  of  the  date 
hereof. 

It  is  understood  that  the  said  schedule  D  is  not  entirely 
correct  —  and  it  is  agreed  that  it  shall  be  corrected  as  facts 
may  be  disclosed  requiring  correction  in  it. 

In  testimony  of  our  intention  severally,  in  good  faith  to 
fulfil,  perform,  and  abide  by  all  the  covenants,  provisions, 
and  conditions  herein  contained,  we  have  severally  hereunto 
set  our  hands  and  seals,  on  the  day  first  herein  mentioned. 

A.  B.  L.  s. 
C.  D.  L.  s. 
E.  F.  L.  s. 

W.  X.       L.  S. 

Y.  Z.       L.  B.,  &C. 

In  presence  of 

JVb/es.  — The  foregoing  assignment  is  intended  to  be  full, 
and  to  embrace  most  of  the  covenants  and  provisions  that  are 
required  in  complicated  cases  of  extensive  dealing.  When 
the  concerns  of  the  debtor  are  not  complicated  and  extensive, 
many  of  the  provisions  may  be  omitted,  of  which  any  con- 
veyancer of  tolerable  experience  will  be  a  competent  judge. 

A  short  form  of  such  assignment. is  subjoined,  and  more 
or  less  of  the  provisions  in  the  longer  form,  may  be  embraced 
according  to  the  circumstances  of  the  case. 

Assignments  of  the  kind  provided  in  these  forms,  have 
heretofore  been  viewed  with  some  jealousy  and  doubt,  by 
judges  and  jurists.  But  now  their  validity  seems  generally 
to  be  admitted.  Some  ancient  decisions,  and  many  recent 
ones,  show  that  they  now  meet  the  approbation  and  obtain 
the  sanction  of  the  Exchequer  Court  in  England,  of  the  Cir- 
cuit Court  of  the  United  States,  in  the  first  and  some  other 
Circuits  ;  of  the  highest  courts  in  Maine,  Massachusetts, 
Pennsylvania,  and,  it  is  believed,  according  to  the  last  decis- 
ions, in  New  York. 

The  denial  of  the  validity  of  these  assignments,  is  not  now 
supported  by  any  authority  of  much  weight.  They  seem  to 


ASSIGNMENT.  101 

have  been  so  generally  sanctioned,  that  they  have  become  a 
part  of  the  settled  law  of  the  country. 

The  common  objections  to  them,  when  they  provide  a 
conveyance  of  all  the  debtor's  estate,  are  —  that  they  pro- 
vide for  a  release  of  the  debtor,  and  an  unequal  distribution 
of  the  effects  assigned  ;  and  for  these  reasons  courts  are 
urged  to  pronounce  them  fraudulent.  But,  generally,  the 
objector  seeks  for  a  greater  inequality  than  the  assignment 
itself  provides. 


[35]      Of  a  Debtor  to  a   Trustee  for  the  benefit  of  Creditors 
—  (o  short  form.} 

This  Indenture  of  three  parts,  made  on  the  first  day 
of  March,  in  the  year  of  our  Lord,  &c,  by  and  between  A. 
B.,  of  ,  trader,  of  the  first  part,  C.  D.,  of  , 

trader,  of  the  second  part,  and  E.  F.,  of  ,  mer- 

chant, and  the  several  other  persons,  being  creditors  of  said 
A.  B.,  and  subscribers  hereto,  of  the  third  part,  witnesses 
—  That  the  said  A.  B.,  in  consideration  of  the  covenants 
hereinafter  provided,  has  sold  and  assigned,  and  by  these 
presents  he  does  sell  and  assign  to  the  said  C.  D.,  all  his 
the  said  A.  B.'s  property  and  claims  and  demands  of  even- 
name  and  nature,  which  are  intended  to  be  truly  stated  in 
a  schedule,  marked  A.,  which  is  hereto  annexed,  as  a  part 
of  this  Indenture. 

To  have  and  to  hold  the  same  to  him,  the  said  C.  D., 
with  full  power  to  use  the  name  of  said  A.  B.  in  every  man- 
ner which  may  be  needful,  in  and  about  collecting  said  de- 
mands and  vending  said  property  :  —  And  this  conveyance 
is  made  to  said  C.  D.  upon  the  TRUSTS  following,  to  wit.  — 
That  the  said  C.  D.  shall  proceed  with  diligence  to  sell  said 
property  and  collect  said  debts,  in  the  manner  that  to  him 
may  appear  best  for  all  concerned  :  and  all  and  whatsoever 
of  said  property  shall  remain  unsold,  and  of  said  debts  shall 
remain  uncollected  at  the  end  of  one  year  from  the  date 
hereof,  the  said  C.  D.  shall  forthwith  cause  to  be  sold  at  auc- 
tion, for  cash,  and  thereupon  close  the  concerns  of  this  trust. 
And  the  money  that  shall  so  be  collected,  the  said  C.  D. 
shall  apply,  first  to  pay  the  costs  and  charges  of  making 
this  assignment  and  carrying  it  into  full  effect,  including  a 


102  ASSIGNMENT. 

just  compensation  to  said  C.  D.  for  executing  the  trusts  ; 
and,  secondly,  he  shall  pay  and  divide  all  the  residue  there- 
of among  the  several  persons,  parties  hereto,  creditors  of  said 
A.  B.,  in  the  proportion  of  the  amount  of  their  several  just 
demands  against  him.  And  the  said  A.  B.  further  cove- 
nants with  said  C.  D.,  that  if  by  accident  or  otherwise,  any 
of  his  property,  or  right  to  property,  is  omitted  and  not  nam- 
ed in  said  schedule  A,  as  soon  as  the  same  shall  be  discov- 
ered, he  the  said  A.  B.  will  convey  all  such  his  omitted 
property  and  rights  to  property  to  the  said  C.  D.  for  the  pur- 
poses aforesaid. 

And  the  said  C.  D.  accepts  the  trusts  herein  provided, 
and  covenants  with  the  party  of  the  first  part,  and  with  each 
and  every  of  the  persons,  party  of  the  third  part,  that  he  will 
with  diligence  and  fidelity  execute  the  said  trusts,  and  sell, 
and  collect  said  property  and  demands,  and  pay  out  the 
proceeds  according  to  the  terms  and  provisions  herein  re- 
cited. 

And  the  said  E.  F.  and  the  other  persons,  creditors  of  said 
A.  B.  and  parties  hereto,  do  severally  accept  said  assign- 
ment, and  approve  of  the  terms  and  conditions  thereof;  and 
in  consideration  thereof  they  do  severally  release  and  dis- 
charge the  said  A.  B.  of  and  from  all  and  singular  their 
several  claims  and  demands  against  him  of  every  name  and 
nature.  And  all  the  conveyances,  covenants,  powers,  re- 
leases, and  conditions  herein  contained,  shall  extend  and  ap- 
ply to  the  several  executors,  administrators,  and  assigns  of  the 
several  persons  parties  hereto,  as  well  as  to  themselves. 

In  testimony  whereof  we  have  hereunto  set  our  hands  and 
seals  on  the  day  first  herein  written. 

A.  B.     L.  s. 
C.  D.     L.  s. 
E.  F.     L.  s.,  &c. 
In  presence  of 


103 


AWARD. 

[1]     A  Reference,  on  appointment  of  an  Umpire  by  the 
Referees,  and  an  Award  by  that  Umpire. 

Whereas  by  Articles  of  Copartnership,  bearing  date  the 
first  day  of  January,  A.  D.  1821,  made  between  A.  B., 
of  the  first  part  ;  C.  D.,  of  the  second  part ;  and  E.  B., 
of  ,  eldest  son  of  the  said  A.  B.,  of  the  third  part  : 

It  is  witnessed,  that  for  the  considerations  therein  mentioned, 
they  the  said  parties  thereto  did  become,  and  agree  to  con- 
tinue partners  and  joint  traders  together,  in  the  art,  trade, 
mystery,  or  business  of  a  merchant,  from  the  day  of  the  date 
thereof,  for  and  during  their  joint  lives,  and  the  joint  lives 
of  those  of  the  said  three  which  should  happen  to  survive  : 
And  that  from  and  after  the  day  of  ,  which 

should  be  in  the  year  of  our  Lord  ,  they  the  said 

parties  should  each  of  them  have  a  several  right,  interest, 
and  property  in  and  to  one  full  third  part  of  the  stock  and 
utensils  in  trade,  which  should  belong  to  the  said  partner- 
ship, and  in  and  to  the  increase  and  gain  that  should  grow 
or  arise  by  the  means  of  the  said  joint  trade  :  And  it  was  by 
the  same  articles,  amongst  other  things,  declared  and  agreed, 
by  and  between  the  said  parties  thereto,  that  when  and 
so  often  as  any  controversy,  difference,  or  dispute,  should 
happen  or  arise  between  the  said  parties,  their  executors, 
administrators,  or  assigns,  or  any  of  them,  touching  or  con- 
cerning the  said  partnership  or  the  joint  stock  or  trade  there- 
of, or  in  respect  of  any  matter  or  thing  not  thereby  fully 
determined,  set  down,  explained,  or  declared  ;  then,  and  in 
every  such  case,  before  any  suit  in  law  or  equity  should 
be  commenced,  each  of  the  said  parties  and  his  executors, 
administrators,  and  assigns,  should  refer  the  consideration 
of  every  such  controversy,  difference  and  question,  to  two 
discreet  and  indifferent  persons,  to  be  named  and  appoint- 
ed by  the  parties  so  contending,  who  should  hear  and  de- 
termine the  same  ;  and  in  default  of  their  determination  and 
award  therein,  that  they  should  have  power  to  elect  and 
make  choice  of  a  third  person  for  umpire,  who  alone  should 
hear  and  determine  such  controversy,  difference,  and  dis- 
pute ;  and  whatever  award  touching  or  concerning  such 
controversy,  difference,  or  dispute,  should  be  made  and  de- 


104  AWARD. 

livered,  or  given  in  writing,  indented,  under  the  hands  and 
seals  of  such  arbitrators,  within  thirty  days  next  after  their 
election,  or  under  the  hand  and  seal  of  such  umpire  within 
fifteen  days  next  after  his  election,  each  of  the  several  par- 
ties thereto,  and  his  and  their  executors  and  administrators 
respectively,  should  well  and  truly  abide  by,  perform,  and 
fulfil,  as  in  and  by  the  said  in  part  recited  articles,  relation 
being  thereto  had,  may  appear.  And  whereas  the  said  E. 
B.,  departed  this  life  intestate,  on  or  about  the  day 

of  .  which  was  in  the  year  of  our  Lord  ,  but 

no  letters  of  administration  have  yet  been  granted  of  his 
estate  and  effects  :  And  whereas  the  said  A.  B.  also  de- 
parted this  life  on  or  about  the  day  of  , 
which  was  in  the  said  year  ,  having  duly  made  and 
published  his  last  will  and  testament  in  writing,  with  a  codicil 
thereto,  and  appointed  his  wife  F.  B.,  sole  executrix  there- 
of, who  dying  in  the  lifetime  of  the  said  A.  B.,  adminis- 
tration of  his  estate  and  effects,  with  his  will  and  codicil 
annexed,  has  been  duly  granted  by  to  his  son 
G.  B.:  And  whereas  differences  have  arisen  between  the 
said  C.  D.,  and  the  said  G.  B.,  as  administrator  of  the  said 
A.  B.,  as  aforesaid,  with  regard  to  a  demand  of  one  thous- 
and dollars,  made  by  the  said  C.  D.,  for  the  charge  and  ex- 
pense of  his  keeping  sundry  horses  several  years  before  the 
decease  of  the  said  E.  B.,  in  order  to  perform  the  said  co- 
partnership business;  and  likewise  as  to  a  demand  of  five 
hundred  dollars  made  by  the  said  C.  D.,  for  the  expense  of 
his  keeping  sundry  horses  after  the  decease  of  the  said  E.  B., 
to  the  death  of  the  said  A.  B.*  Now  therefore  know  ye, 
that  we  the  said  C.  D.  and  G.  B.,  have  nominated  and  ap- 
pointed, and  by  these  presents  do  nominate  and  appoint  W. 
X.,  of  ,  and  Y.  Z.,  of  ,  two  discreet  and 
indifferent  persons  to  be  arbitrators  between  us,  to  whom  we 
refer  the  consideration  of  the  said  differences,  to  hear  and 
determine  the  same.  In  witness,  &c. 

The  Election  of  an  Umpire. 

To  ALL  to  whom  these  presents  shall  come,  we  W.  X.  of 

,  and  Y.  Z.,  of  ,  send  greeting:  Whereas 

[here  insert  the  same  recitals  as  in  the  Reference  as  far 

«**,  and  proceed  as  follows,']  which  said  differences  were 


AWARD.  105 

referred  by  the  said  C.  D.  and  G.  B.,  to  the  consideration 
of  us  the  said  W.  X.  and  Y.  Z.,  to  hear  and  determine  the 
same,  and  we  not  being  able  to  compromise  and  determine 
such  differences,  have  therefore  elected  and  made  choice  of, 
and  by  these  presents  do  elect  and  make  choice  of  O.  P.,  of 
,  for  umpire,  to  hear  and  determine  the  said  differ- 
ences between  the  said  C.  D.  and  G.  B.  In  witness,  &c. 

The  Award. 

Whereas  [here  insert  the  same  recitals  as  in  the  first  deed.] 
And  whereas  differences  have  arisen  between  the  said  C. 
D.  and  the  said  G.  B.,  as  administrator  of  the  said  A.  B.  as 
aforesaid,  with  regard  to  a  demand  of  one  thousand  dollars, 
made  by  the  said  C.  D.,  for  the  charge  and  expense  of  his 
keeping  sundry  horses,  several  years  before  the  decease  of 
the  said  E.  B.,  in  order  to  perform  the  said  co-partnership 
business  ;  and  likewise  as  to  a  demand  of  five  hundred  dol- 
lars made  by  the  said  C.  D.,  for  the  expense  of  his  keeping 
sundry  horses  after  the  decease  of  the  said  E.  B.,  to  the 
death  of  the  said  A.  B.,  which  said  differences  have  been 
referred  by  the  said  C.  D.  and  G.  B.,  to  the  consideration 
ofW.  X.,of  ,  andY.  Z.,  of  ,  two  dis- 

creet and  indifferent  persons  named  and  appointed  by  the 
said  C.  D.  and  G.  B.,  to  determine  the  same  :  And  where- 
as the  said  two  arbitrators,  not  being  able  to  compromise 
and  determine  the  said  differences,  did,  on  the  day 

of  ,  elect  and  make  choice  of  me  the  said  O.  P., 

for  umpire  to  hear  and  determine  the  same  :  Now  therefore 
know  ye,  that  I  the  said  O.  P.,  having  fully  considered  all 
matters  relating  to  the  premises,  do  by  this  my  award 
and  umpirage,  award,  order,  decree,  and  adjudge,  that  the 
said  C.  D.,  his  executors,  administrators,  or  assigns,  shall 
be  paid  and  allowed  the  sum  of  three  hundred  dollars,  by 
and  out  of  the  estate  and  effects  in  co-partnership  between 
the  said  A.  B.,  C.  D.,and  E.  B.,  at  the  time  of  the  decease 
of  the  said  E.  B.,  in  full  payment,  satisfaction,  and  dis- 
charge,_  of  and  for  all  moneys,  debts,  and  demands,  due  or 
owing  unto  the  said  C.  D.,  by  the  said  partners  in  co- 
partnership, in  respect  of  his  being  at  the  expense  of  pro- 
viding and  keeping  sundry  horses,  to  attend  the  said  co- 
partnership business  previous  to  the  decease  of  the  said  E. 
B.:  And  J  do  hereby  award,  order,  decree,  and  adjudge, 


tnai  tue  said  C.  D.,  his  executors,  administrators,  or  assigns, 
shall  likewise  be  paid  and  allowed  the  sum  of  one  hundred 
dollars,  by  and  out  of  the  estate  and  effects  in  co-partner- 
ship, between  him  and  the  said  A.  B.,  at  the  time  of  the 
decease  of  the  said  A.  B.,  in  full  payment,  satisfaction,  and 
discharge,  of  and  for  all  moneys,  debts,  and  demands,  due 
or  owing  to  the  said  C.  D.,  in  respect  of  his  being  at  the 
expense  of  providing  and  keeping  sundry  horses,  to  attend 
the  said  co-partnership  business,  from  the  decease  of  the  said 
E.  B.,  until  the  death  of  the  said  A.  B.  In  witness,  &c. 

Award  of  Referees  by  Indorsement. 

We,  A.  B.  and  C.  D.,  two  of  the  arbitrators  within  named, 
having  taken  upon  us  the  burthen  of  the  within  arbitrament, 
notified,  met  and  heard  the  parties  and  their  allegations,  and 
deliberately  considered  thereof,  do  make  this  our  award  upon 
and  concerning  all  and  singular  the  matters  and  things  to  us 
referred,  in  manner  following,  viz. :  First  we  do  award  and  or- 
der, that  the  within  bounden  E.  F.,  shall  and  do,  on  or  be- 
fore the  day  of  next,  by  such  deed  or 
deeds  as  the  within  named  G.  H.,  his  heirs  or  assigns,  or 
his  or  their  counsel  shall  advise,  well  and  sufficiently  grant, 
convey,  and  assure  unto  the  said  G.  H.,  his  heirs  and  as- 
signs for  ever,  a  certain  messuage,  and  piece  of  ground, 
situated  in  .  And  that  upon  the  execution  of  the 
said  conveyance,  the  said  G.  H.  shall  pay,  or  cause  to  be 
paid,  unto  the  said  E.  F.,  the  sum  of  dollars,  and 
shall  also  give  security  by  bonds  and  mortgage,  of  the  pre- 
mises, (if  required)  for  the  payment  of  the  sum  of 
dollars,  in  manner  following,  to  wit,  &c.  And  lastly,  we 
award,  that  all  controversies  shall  cease  between  the  parties, 
and  that  each  of  them  shall  seal  and  execute  a  general  re- 
lease in  writing,  unto  the  other  of  them,  of  all  actions,  suits, 
and  demands,  to  the  day  of  the  date  of  the  within  obligation. 

ID  witness,  &c. 

By  an  Umpire  by  Indorsement. 

Whereas  [recite  the  bond.]  And  whereas  the  said  arbi- 
trators did  not  make  any  award  in  the  premises,  within  the 
time  for  that  purpose  limited  as  aforesaid  ;  but  by  writing 
under  their  hands,  dated  the  sixth  day  of  April  now  last  past, 


AWARD.  107 

did  agree,  that  I,  A.  B.,  should  be  the  umpire  concerning 
the  same.     Now,  &c. 


[2]     Upon  a  Rule  of  Reference  made  at  the   Trial  of  a 
Cause. 

Whereas,  at  a  Court  of  Common  Pleas  held  at 
on  the  day  of  ,  a  cause  came  on  there  to 

be  tried,  wherein  K.  L.,  of  ,  was  plaintiff,  and  M. 

N.,  of  ,  was  defendant,  and  on  such  trial,  by  con- 

sent of  both  parties,  their  counsel  and  attorneys,  an  order  or 
rule  was  then  made,  that  the  said  case  should  be  referred 
to  A.  B.,  C.  D.,  and  E.  F.,  three  of  the  jury,  or  any  two  of 
them,  to  hear  and  determine  all  the  said  differences,  so  as  the 
said  A.  B.,C.  D.,  and  E.F.,  or  any  two  of  them,  should  make 
and  publish  their  award  in  writing,  on  or  before  the 
day  of  next  :  Now  we  the  said  A.  B.,  C.  D.,  and 

E.  F.,  in  pursuance  of  the  said  order  or  rule  of  reference, 
having  notified,  met  and  heard  both  the  said  parties,  their  al- 
legations, and  answers,  touching  the  matters  in  difference 
between  them,  and  having  thoroughly  considered  of  the  same, 
do  award,  order,  and  adjudge,  of  and  upon  the  premises,  in 
manner  and  form  following:  First,  we  do  award  and  order 
that  the  said  K.  L.  shall  consent  that  the  sum  of  five  hun- 
dred dollars,  paid  by  him  into  the  said  Court  of  Common 
Pleas,  be  received  out  of  the  said  Court  by  him  the  said  M. 
N.,  to  the  proper  use  of  him  the  said  M.  N.  Secondly,  we 
do  award  and  order,  that  the  said  K.  L.  shall  well  and  truly 
pay,  or  cause  to  be  paid,  unto  the  said  M.  N.  the  sum  of 
seven  hundred  dollars,  on  the  day  of  next, 

at  the  house  of  Y.  Z.,  of  ,  between  the  hours  often 

and  twelve  of  the  clock  of  the  same  day.  Thirdly,  we  do 
award  and  order,  that  the  said  M.  N.  shall,  upon  the  receipt 
of  the  said  five  hundred  dollars  out  of  the  said  Court  of 
Common  Pleas,  and  on  payment  of  the  said  sum  of  seven 
hundred  dollars,  execute  unto  the  said  K.  L.  a  general  re- 
lease of  the  matters  to  us  referred,  and  that  the  said  K.  L. 
shall  at  the  same  time  execute  unto  the  said  M.  N.  the  like 
release.  In  witness,  &c. 


108  AWARD. 

[3]  tAn  Jlward  by  two  Arbitrators. 

To  all  persons  to  whom  these  presents  (or  if  necessa)*y 
from  the  form  of  the  submission;  say,  this  present  writing 
of  award,  indented,  fyc,)  shall  come,  We,  A.  B.,  &.c,  and 
C.  D.,  &c,  send  greeting  : 

Whereas  divers  suits,  variances,  and  controversies,  have 
been,  and  yet  are  depending  between  W.  X.  of,  &c,  and  Y. 
Z.  of,  &c,  for  the  appeasing,  pacifying,  ordering  and  deter- 
mining whereof  the  said  W.  X.  and  Y.  Z.  have  submitted 
themselves,  and  are  become  bound  to  each  other  by  their 
several  obligations,  dated  the  day  of  in  the 

sum  of  with  conditions  thereunder  written  to  stand 

to,  abide,  perform,  and  keep  the  award,  arbitrament,  deter- 
mination and  judgment  of  us  the  said  A.  B.  and  C.  D.  ar- 
bitrators indifferently  elected  and  chosen  as  well  on  the  part 
of  said  W.  X.  as  of  the  said  Y.  Z.,  to  award,  arbitrate,  de- 
termine and  adjudge,  of  and  concerning  all  demands,  suits, 
judgments,  executions,  and  controversies,  whatsoever,  had, 
and  depending  between  the  said  W.  X.  and  Y.  Z.  from  the 
beginning  of  the  world  to  the  day  of  the  date  hereof,  (or  of 
the  said  obligations),  so  always  as  the  said  award,  arbitra- 
ment, determination  and  judgment  of  us  the  said  A.  B.  and 
C.  D.  in  and  concerning  the  premises,  be  made  and  put  in 
writing,  (or  indented),  under  our  hands  and  seals,  on  or  be- 
fore the  day  of  as  by  said  obligation  and 
condition,  reference  thereto  being  had,  more  fully  appears. 
Now  know  ye  that  we  the  said  A.  B.  and  C.  D.  arbitrators 
as  aforesaid,  taking  upon  us  the  charge  of  the  said  arbitra- 
ment and  award,  and  having  notified   and  met  the  parties, 
deliberately  heard,  examined  and  considered  their  allegations, 
witnesses  and  evidence  in  and  concerning  the  premises,  and 
being  minded  to  settle  all  controversies  between  them,  the 
same  concerning,  do  therefore  make  and  put  in  writing  this 
our  award,  arbitration  and  judgment,  (or,  do  by  these  pres- 
ents arbitrate,  fyc,)   between  the  said  parties,  of  and  con- 
cerning the  premises,  in  manner  and  form  following,  to  wit: 
First,  we  do  award,  arbitrate  and  determine,  by  these  pres- 
ents, that  the  said  W.  X.,  his  executors  and  administrators, 
shall  pay  to  the  said  Y.  Z.,  his  executors,   administrators 
and  assigns,  the  sum  of  five  hundred  dollars  within  sixty  days 
from  the  day  of  the  date  hereof.     And  we  the  said  arbitrators 


AWARD.  109 

do  further  award  that  eacli  of  them  the  said  W.  X.  and  Y. 
Z.  shall  make,  execute,  and  deliver  to  the  other,  a  general 
release,  in  writing,  under  seal,  of  all  manner  of  actions,  caus- 
es of  action,  controversies,  and  demands  whatsoever,  from 
the  beginning  of  the  world  to  the  date  hereof,  (or,  of  the  ob- 
ligations aforesaid.) 

In  witness  whereof  the  said  arbitrators  have  hereunto  set 
their  hands  and  seals  this  day  of  (or,  in  witness 

whertof  the  said  arbitrators  to  both  parts  of  this  award,  in- 
dented, have  hereunto,  Sfc.) 

The  following  clauses  may  be  inserted  according  to  cir- 
cumstances. 

To  deliver  Goods. 

That  the  said  W.  X.  shall  freely  deliver  up  to  the  said 
Y.  Z.,  on  request  by  him  to  be  made,  one  trundle  bedstead 
and  bed,  with  pair  of  sheets  thereunto  belonging,  one 

mahogany  bureau,  one  silver  tankard,  &.c,  all  of  which  were 
the  goods  of  one  O.  P.,  and  were  by  him  heretofore  sold  to 
the  said  Y.  Z. 

To  deliver  Writings. 

That  the  said  W.  X.  shall  freely  deliver  up  to  the  said 
Y.  Z.  at  his  dwelling-house  in  within  sixty  days 

from  the  day  of  the  date  hereof,  the  deeds,  (leases,  bills 
of  exchange,  notes  of  hand,  fyc,  us  the  case  may  be)  follow- 
ing, to  wit,  (describe  the  papers  to  be  delivered  up  parlic- 
nlarlij  ) 

To  give  Bond,  Sfc,  to  pay  Money* 

That  the  said  W.  X.  shall,  within  ten  days  from  the  time 
he  shall  have  notice  of  this  award,  well  and  truly  execute 
and  deliver  to  the  said  Y.  Z.  his  bond  in  common  form, 
io  the  penal  sum  of  one  thousand  dollars,  conditioned  for 
the  payment  of  live  hundred  dollars  to  said  Y.  Z.,  his  ex- 
ecutors, &c,  within  sixty  days  from  the  date  hereof,  (or, 
his  no/c  of  hand,  dated  on  the  day  of  the  date  hereof]) 
for  the  payment  to  said  Y.  Z.  or  his  order,  in  sixty  days, 
of  the  sum  of  five  hundred  dollars. 
10 


no 


To  deliver  up  Writings  to  be  cancelled. 

That  the  said  W.  X.  shall  forthwith  deliver  up  to  said 
Y.  Z.  to  be  cancelled,  the  following  described  deeds,  leases, 
notes  of  hand,  promises  and  contracts  iu  writing,  [particularly 
describe  them?] 


[4J     By  Referees  under  a  Rule  of  Court  on  the  reference 
of  an  Action. 

We,  the  undersigned,  (*Referees  appointed  by  the  within 
rule  of  court,)  having  notified  and  met  the  parties,  and  heard 
their  several  allegations,  proofs  and  arguments,  and  duly 
considered  the  same,  do  award,  and  determine,  that  the  with- 
in named  W.  X.  shall  recover  of  the  said  Y.  Z.  the  sum 
of  together  with  the  costs  of  court,  and  the  costs 

of  this  reference,  which  last  is  ,  and  that  the  same 

shall  be  in  full  of  all  matters  within  referred  to  us. 
Boston,  March  1,  1832. 

A.  B.  ) 

C.D.V  Referees. 

£.  F.  \ 


[5]  By  Referees  on  Reference  of  an  action  by  rule  of  Court. 

We,  the  undersigned,  (fReferees  appointed  as  by  the 
within  rule  of  court),  having  notified  and  met  the  parties, 
and  heard  their  several  proofs  and  allegations,  and  duly  con- 
sidered the  same,  do  award  and  determine,  that  the  within 
named  W.  X.  shall  recover  nothing  of  the  within  named 
Y.  Z.  (or  that  neither  of  the  within  named  parties  shall  re- 

*  If  only  two  of  the  referees  agree,  instead  of  the  words  inclosed  in 
brackets,  say,   '  a  major  part  of  the  referees  appointed  by  the  within 
rule  of  court,  —  C.  D.,  the  other  referee,  who  has  not  signed  the 
award,  having  beeu  present  at  the  hearing,'  and  it  should  be  signed 
A.  B.  )  A  major  part  of 
C.  D.  )     the  referees. 
t  If  only  two  of  the  referees  agree,  state  as  in  the  last  case. 


BILL.  Ill 

cover  any  thing  of  the  other),  and  that  each  party  shall  pay 
his  own  costs  of  court.     And  that  the  said  shall  pay 

the  costs  of  this  Reference,  which  are  taxed  at  $ 
Boston,  March  1.  1832. 

A.B.) 

C.  D.  }  Referees. 

E.F.J 

Notes.  —  The  award  must  follow  the  submission.  If  the 
submission  be  on  condition  that  the  award  be  in  writing, 
or  under  seal,  or  made  or  delivered  on  or  before  a  certain 
day,  in  such  cases  if  the  award  be  made  after  the  day  nam- 
ed, or  be  not  in  writing,  or  not  under  seal,  Stc,  it  will  be 
void. 

An  award  changes  the  property  of  personal  chattels. 
If  there  be  a  dispute  between  A.  and  B.  in  relation  to  a 
horse,  or  other  thing,  and  after  submission  the  arbitrators 
award  it  to  A.  he  may  maintain  his  action  for  it. 

If  two  copartners  refer  all  matters  in  dispute  between 
them,  by  bond,  with  full  powers,  the  referees  may  award  a 
dissolution  of  the  copartnership. 


BILL. 

[1J  Single. 

Know  all  men  by  these  presents,  That  I,  A.  B.  of  , 

do  acknowledge  myself  to  owe  and  be  indebted  unto  C.  D. 
of  ,  in  the  sum  of  ,  lawful  money  of  the  United 

States,  to  be  paid  to  the  said  C.  D.  his  executors,  adminis- 
trators, or  assigns,  upon  the  day  of  next 
ensuing  the  date  hereof;  to  which  payment  well  and  truly  to 
be  made,  I  bind  myself,  my  heirs,  executors,  and  adminis- 
trators, firmlv  by  these  presents.  In  witness,  &c. 

A.  B.     L.S. 


112 


[2]  Penal 

This  bill  binds  me,  A.  B.  of  in  the  sum  of  four 

hundred  dollars,  to  be  paid  unto  C.  D.  his  executors,  admin- 
istrators, or  assigns,  on  or  before  the  day  of  , 
which  will  be  in  the  year  ,  together  with  lawful  in- 
terest for  the  same :  For  the  true  payment  whereof,  I  do 
bind  myself,  my  heirs,  executors,  and  administrators,  unto 
the  said  C.  D.  his  executors,  administrators,  and  assigns,  in 
the  penal  sum  of  eight  hundred  dollars.  In  witness,  &.c. 

A.  B.     L.S. 


[3]  Judgment. 

This  bill  binds  me,  A.  B.  of  ,  in  the  sum  of  two 

hundred  dollars,  to  he  paid  unto  C.  D.  his  executors,  ad- 
ministrators, or  assigns,  on  or  before  the  day  of  , 

which  will  be  in  tho  year  ,  together  with  lawful  in- 

terest for  the  same  :  for  the  true  payment  whereof  I  do  bind 
myself,  my  heirs,  executors,  and  administrators,  unto  the 
said  C.  D.  his  executors,  administrators,  and  assigns,  in  the 
penal  sum  of  four  hundred  dollars.  And  further,!  do  here- 
by empower  any  attorney  of  any  of  the  courts  of  record  of 
this  state,  or  elsewhere,  to  be  appointed  by  said  C.  D.,  to 
appear  for  me,  and  after  one  or  more  declarations  filed  for 
the  above  penalty,  ic  any  action,  thereupon  to  confess  judg- 
ment or  judgments  against  me,  as  of  the  next,  or  any  other 
subsequent  term,  of  any  court  in  which  it  may  be  brought, 
with  stay  of  execution  till  the  said  day  of  ,  in 

the  year  and  release  of  errors.     In  witness,  &.c. 


wer  to  confess  judgment  may  also  be  added 
after  a  common  bond. 

In  Pennsylvania,  by  virtue  of  a  special  act  of  assembly, 
judgment  may  be  confessed  without  any  declaration  having 
been  filed,  the  prothonotary  being  empowered  to  enter 
judgment,  on  the  mere  presentation  of  the  bond  or  bill  or 
note,  containing  a  warrant  of  attorney  for  that  purpose.  — 
•flc<24  Feb.  1806. 


BILL    OF    EXCHANGE. 


113 


I  -3 

WH       ^3 


a 


114 


BILL   OF    EXCHANGE. 


BILL    OF    EXCHANGE. 


115 


1    O 


•i*  1    O 

S     « 

I  Si 

< 


»  •! 


"6 


i  s-l 

•»  "o  ** 
S  §  8 
^11 


£        I 


BILL   OF   EXCHANGE. 


d   1 


BILL    OF    SALE.  117 


BILL  OF  SALE. 

[1]  Of  Goods. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  , 

merchant,  for  and  in  consideration  of  the  sum  of  nine  hundred 
dollars  to  me  in  hand  paid  by  C.  D.,  of  the  same  place,  at 
and  before  the  sealing  and  delivery  of  these  presents,  the 
receipt  whereof  is  hereby  acknowledged,  have  bargained, 
sold,  and  delivered,  and  by  these  presents  do  bargain,  sell, 
and  deliver,  unto  the  said  C.  D.,  [here  insert  the  particulars 
of  the  goods  sold:]  To  have  and  to  hold  the  said  goods, 
unto  the  said  C.  D.,  his  executors,  administrators,  and  as- 
signs, to  his  and  their  own  proper  use  and  benefit,  for  ever. 
And  I,  the  said  A.  B.,  for  myself  and  my  heirs,  executors, 
and  administrators,  will  warrant  and  defend  the  said  bargain- 
ed premises  unto  the  said  C.  D.,  his  executors,  administra- 
tors, and  assigns,  from  and  against  all  persons  whomsoever. 
In  witness  whereof,  &c. 


[2]  Of  Goods  and  Chattels. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of 
in  consideration  of  five  hundred  dollars,  to  me  in  hand  paid 
by  C.  D.,  of  ,  at  and  before  the  sealing  and  de- 

livery of  these  presents,  the  receipt  whereof  I  do  hereby 
acknowledge,  have  granted,  bargained,  sold,  and  confirmed, 
and  by  these  presents  do  grant,  bargain,  sell  and  confirm, 
unto  the  said  C.  D.,  all  the  goods,  household  stuff,  and  im- 
plements of  household,  and  all  other  goods  and  chattels, 
whatsoever,  mentioned  in  the  schedule  hereunto  annexed, 
now  remaining,  and  being  in  :  To  have  and  to  hold 

all  and  singular  the  said  goods,  household  stuff,  and  imple- 
ments of  household,  and  every  of  them,  by  these  presents 
granted,  bargained,  sold,  and  confirmed,  unto  the  only  proper 
use  and  behoof  of  the  said  C.  D.,  his  executors,  administra- 
tors, and  assigns  for  ever,  freely,  quietly,  peaceably,  and 
entirely,  without  any  claim,  disturbance,  or  hindrance  of  any 
person  whatsoever,  and  without  any  account  to  me,  or  to 
any  other  person,  to  be  made,  answered,  or  hereafter  to  be 


118  BILL   OF    BALE. 

rendered;  so  that  neither  I,  the  said  A.  B.,  nor  any  other 
person  for  me,  or  in  my  name,  may  exact,  claim  or  demand, 
at  any  time  hereafter,  any  right,  title,  or  interest,  in,  or  for 
the  said  goods,  household  stuff,  and  implements  of  house- 
hold, or  any  part  or  parcel  thereof,  but  from  all  right,  title, 
claim,  and  interest  thereof,  shall  be  wholly  barred  and  ex- 
cluded, by  force  and  virtue  of  these  presents.  And  1,  the 
said  A.  B.,  for  myself,  my  executors,  and  administrators, 
do  warrant  and  will  for  ever  defend  all  and  singular  the  said 
goods  and  household  stuff  unto  the  said  C.  D.,  his  execu- 
tors, administrators,  and  assigns,  against  me  the  said  A.  B., 
my  executors,  administrators,  and  assigns,  and  against  all 
nnd  every  other  person  and  persons;  of  which  goods,  house- 
hold stuff,  implements  of  household,  and  all  other  goods  and 
chattels  whatsoever  mentioned  in  the  schedule  hereunto  an- 
nexed, I,  the  said  A.  B.,  have  put  the  said  C.  D.  in  full 
possession,  by  delivering  him  one  sofa,  and  one  table,  being 
a  part  of  the  said  goods  and  chattels,  in  the  name  of  the 
whole  thereof,  at  the  time  of  the  sealing  and  delivery  hereof. 

In  testimony  whereof,  I  have   hereunto  set  my  hand  and 
seal,  this  first  day  of  March,  A.D.  1832. 
Signed,  sealed,  and  delivered,  and 

possession  of  said  goods  given  by 

the  said  A.  B.  to  the  said  C.  D. 

in  presence  of  us. 

Note.  —  If  the  vendor  is  suffered  to  remain  in  possession 
after  an  absolute  bill  of  sale,  it  will  be  evidence  of  fraud, 
and  the  bill  of  sale  may  be  set  aside  in  favour  of  creditors. 


[3]      Of  a  certificate  of  manufacturing  or  other   Stock,  by 
indorsement. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of,  &c, 
within  named  as  the  owner  of  ten  shares  of  the  capital  stock 
of  the  Manufacturing  Company,  which  shares  are 

numbered  from  91  to  100  inclusive,  in  consideration  of  ten 
thousand  dollars  to  me  paid  by  C.  D.,  of,  &c,  the  receipt 
whereof  I  do  hereby  acknowledge,  do  hereby  give,  grant, 
sell,  and  transfer,  to  the  said  C.  D.,  the  said  ten  chares  of  the 


BILL    OP    SALE.  1  1ft 

capital  stock  of  the  said  Manufacturing  Com- 

pany. 

To  have  and  to  hold  the  same  to  him,  the  said  C.  D., 
with  all  the  dividends  that  may  hereafter  be  declared  there- 
on, and  all  the  privileges  and  appurtenances  to  the  same  be- 
longing, in  the  same  manner  in  which  I  now  hold  the  same, 
and  subject  to  all  the  claims  and  liabilities  thereon,  arising 
from  the  proceedings  of  said  company. 

Witness  my  hand  and  seal  this  first  day  of  March,  A.  D. 
1832. 

A.  B.     L.  s. 

Witness 

Note.  —  This  bill  of  sale  should  be  acknowledged  before 
a  justice  of  the  peace. 


[4]  Of  a  registered   Vessel. 

Know  all  men  by  these  presents,  That  we,  A.  B.,  of, 
&.C,  and  C.  D.,  of,  &.C,  for  and  in  consideration  of  fifteen 
thousand  dollars  to  us  paid  by  Y.  Z.,  of,  &.c,  the  receipt 
whereof  is  hereby  acknowledged,  have  granted,  bargained, 
sold,  assigned,  and  set  over,  and  by  these  presents  we  do 
hereby  grant,  bargain,  sell,  assign,  and  set  over,  to  him,  the 
said  Y.  Z.,  his  executors,  administrators,  and  assigns,  for- 
ever, all  that  good  ship  or  vessel,  called  the  Atlantic,  now 
lying  at  the  Long  Wharf  in  said  ,  together  with  all 

and  singular  the  masts,  sails,  yards,  anchors,  cables,  rigging, 
implements  of  war,  naval  and  other  stores,  boats,  oars, 
tackle  and  apparel,  muniments  and  appurtenances  whatso- 
ever, to  the  said  ship  or  vessel  belonging,  or  in  any  wise 
appertaining  ;  —  which  said  ship  or  vessel  has  been  duly 
registered,  pursuant  to  the  acts  of  Congress  for  that  pur- 
pose ;  and  the  certificate  of  her  registry  is  as  follows  :  — 
[Here  recite  the  whole  certificate  of  registry  verbatim.] 

To  have  and  to  hold  the  said  ship  Atlantic,  and  all  other 
the  above  bargained  premises,  to  him  the  said  Y.  Z.,  his 
executors,  administrators,  and  assigns,  to  his  and  their  own 
use  and  behoof  forever,  as  their  own  property.  And  we, 
the  said  A.  B.  and  C.  D.,  hereby  for  ourselves  and  our  re- 


120  BOND. 

spective  executors  and  administrators,  do  covenant  with  the 
said  Y.  Z.  in  manner  following,  that  is  to  say  ;  that  at  the 
time  of  executing  this  bill  of  sale,  we  are  the  sole  owners 
of  the  above  granted  premises,  and  have  good  right  to  sell 
and  convey  the  same  to  the  said  Y.  Z.  as  aforesaid  ;  and  that 
the  same  are  free  from  all  incumbrances. 
In  witness  whereof,  &c. 


[5]         A  bill  of  Sale  of  an  enrolled  Ship  or  Vessel. 

[The  form  for  this  should  be  similar  to  the  last  form,  ex- 
cepting that  the  certificate  of  enrolment  should  be  recited 
instead  of  the  certificate  of  registry.] 

JVbfe.  —  If  a  vessel  be  at  sea,  a  bill  of  sale  of  her  is  good, 
prima  facie,  against  the  claims  of  all  persons.  And  it  is 
only  subject  to  be  defeated  by  the  negligence  of  the  vendee 
in  taking  possession  of  her  after  her  return.  —  Putnam  \. 
Dutch,  8  M.  R.  287. 


BOND. 

[1]  Common  Form. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of  the 
city  of  Cincinnati,  and  state  of  Ohio,  merchant,  am  held  and 
firmly  bound  unto  C.  D.,  of  the  said  city,  gentleman,  in  the 
sum  of  one  thousand  dollars,  [this  amount  is  called  the  penal 
sum,  and  is  commonly  double  the  amount  of  the  real  debt, 
in  order  to  cover  interest,  costs,  and  other  contingencies] 

rand  lawful  money  of  the  United  States,  to  be  paid  to 
said  C.  D.,  his  executors,  administrators,  and  assigns  ; 
to  which  payment  well  and  truly  to  be  made,  I  do  bind  my- 
self, my  heirs,  executors,  and  administrators,  and  every 
of  them  firmly  by  these  presents.  Sealed  with  my  seal,  da- 
ted the  first  day  of  March,  A.  D.  one  thousand  eight  hundred 
and  thirty-two. 

The  condition  of  this  obligation  is  such,  that  if  the  above 


bound  A.  B.,  his  heirs,  executors,  and  administrators,  or  any 
of  them,  shall  and  do  well  and  truly  pay,  or  cause  to  be  paid, 
unto  the  above  named  C.  D.,  his  executors,  administrators, 
and  assigns,  the  just  and  full  sum  of  five  hundred  dollars 
lawful  money  aforesaid,  with  legal  interest  for  the  same,  on 
or  before  the  first  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-three,  without  fraud  or 
further  delay,  then  this  obligation  to  be  void  and  of  no  effect, 
or  else  to  remain  and  be  in  full  force  and  virtue  in  law.* 

In  witness  whereof,  &c. 

A.  B.     L.  s. 
Signed,  sealed,  and  delivered 

in  presence  of 

E.  F. 


[2]  From  Two  to  One. 

Know  all  men  by  these  presents,  That  we,  A.  B.  and  C. 
D.,  both  of  the  city  of  Baltimore,  and  state  of  Maryland, 
merchants,  are  held,  and  firmly  bound  unto  E.  F.,  of  the 
said  city,  gentleman,  in  the  sum  of  five  hundred  dollars,  good 
and  lawful  money  of  the  United  States,  to  be  paid  to  the  said 
E.  F.,  his  executors,  administrators,  or  assigns,  to  which 
payment  well  and  truly  to  be  made,  we  bind  ourselves,  and 
each  of  us,  by  himself  [if  one  of  the  obligors  be  a  woman, 
write  thus,  viz.  by  him  and  herself,}  for  and  in  the  whole, 
and  the  heirs,  executors,  and  administrators,  of  all  and  each 
of  us,  firmly  by  these  presents.  Sealed  with  our  seals,  dated 
this  tenth  day  of  April,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-two. 

The  Condition  of  this  obligation  is  such,  that  if  the  above 
bound  A.  B.  and  C.  D.,  or  either  of  them,  their  or  either 
of  their  heirs,  executors,  or  administrators,  do  and  shall  well 

*  By  adding  the  following,  after  '  virtue  in  law,'  it  becomes  a  judg- 
ment bond  : —  '  And  further,  I  do  hereby  empower  any  attorney  to 
be  appointed  by  said  C.  D. ,  of  any  of  the  courts  of  record  of  this  State, 
or  elsewhere,  to  appear  for  me,  and  after  one  or  more  declarations  on 
any  suit  to  be  filed  for  the  above  penalty,  thereupon  to  confess  judg- 
ment or  judgments  against  me,  as  of  the  next,  or  any  other  subsequent 
term,  with  stay  of  execution  till  the  said  day  of  ,  in  the 

year  ,  and  release  of  errors. ' 

12 


122  BOND. 

and  truly  pay,  or  cause  to  be  paid  to  the  said  E.  F.,  his  ex- 
ecutors, administrators,  and  assigns,  the  full  sum  of  two  hun- 
dred and  fifty  dollars,  lawful  money,  aforesaid,  with  legal 
interest  for  the  same,  on  or  before  the  day  of  , 

which  shall  be  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-three,  then  this  obligation  to  be  void,  oth- 
erwise to  be  and  remain  in  full  force  and  virtue. 
In  witness  whereof,  &c. 


[3]  From  Three  to   Three. 

Know  all  men  by  these  presents,  That  we,  A.  B.,  of 

,  C.  D.,  of  ,  and  E.  F.,  of  ,  are  held, 

and  firmly  bound  to  G.  H.,  of  ,  I.  K.,  of  , 

and  L.  M.,  of  ,  in  the  sum  of  dollars,  to  be 

paid  to  the  said  G.  H.,  I.  K.,  and  L.  M.,  or  some  of  them, 
or  their  executors,  administrators,  or  assigns  ;  to  which  pay- 
ment well  and  truly  to  be  made,  we  bind  ourselves,  aad 
every  of  us  by  himself,  for  and  in  the  whole,  our  respective 
heirs,  executors,  and  administrators,  and  every  of  them,  firm- 
ly by  these  presents.  Sealed,  &c. 

The  Condition,  &c. 


[4]  From  Several,  Male  and  Female. 

Know  all  men  by  these  presents,  That  we,  A  B.,  of  the 
city  of  Philadelphia,  hatter  ;  C.  D.,  of  the  said  city,  tanner  ; 
E.  F.,  of  the  borough  of  Norristown,  painter;  G.  H.,  of  the 
said  borough,  druggist  ;  and  I.  J.,  of  the  city  of  Lancaster, 
gentleman;  K.  L.  and  M.  N.,  likewise  of  the  said  city 
of  Lancaster,  distillers,  and  co-partners  in  trade  ;  O.  P., 
of  ,  spinster,  and  Q.  R.,  of  ,  widow,  all  in 

the  state  of  Pennsylvania  ;  are  held,  and  firmly  bound  to  Y. 
Z.,  of  the  city  of  Philadelphia,  merchant,  in  the  sum  of  five 
thousand  dollars,  to  be  paid  unto  the  said  Y.  Z.,  his  execu- 
tors, administrators,  and  assigns,  for  the  true  payment  where- 
of, we  bind  ourselves  and  each  of  us,  by  himself  and  herself, 
for  the  whole  and  every  part  thereof,  our  and  each  of  our 
heirs,  executors,  administrators,  and  each  of  them,  firmly  by 
these  presents.  Sealed  with  our  seals,  and  dated  the 

The  Conditions,  &.c. 


123 


[5]  jFroro  Three  to  One. 

Know  all  men  by  these  presents,  That  we,  A.  B.,  C.  D., 
and  E.  F.,  all  of  the  city  of  Philadelphia,  and  state  of  Penn- 
sylvania, merchants,  are  held  and  firmly  bound  unto  G.  H., 
of  the  said  city,  merchant,  in  the  sum  of  one  thousand  dol- 
lars, good  and  lawful  money  of  the  United  States,  to  be  paid 
to  the  said  G.  H.,  his  executors,  administrators,  and  assigns; 
to  which  payment,  well  and  truly  to  be  made,  we  bind  our- 
selves and  every  one  of  us  by  himself  [but  if  a  female  be  an 
obligor,  then  as  the  last]  for  and  in  the  whole,  our  heirs,  ex- 
ecutors, and  administrators,  and  every  of  us  firmly  by  these 
presents.  Sealed,  &c. 

The  Condition  of  this  obligation  is  such,  that  if  the  above 
bound  A.  B.,  C.  D.,  and  E.  F.,  or  either  or  any  of  them, 
their  or  either  or  any  of  their  heirs,  executors,  or  adminis- 
trators, do  and  shall,  &c. 


[6]  From  One  to  Two. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of  the 
city  of  Philadelphia,  and  state  of  Pennsylvania,  merchant, 
am  held  and  firmly  bound  unto  C.  D.  and  E.  F.,  both  of  the 
said  city,  gentlemen,  in  the  sum  of  one  thousand  dollars,  good 
and  lawful  money  of  the  United  States,  to  be  paid  to  the 
said  C.  D.  and  E.  F.,  or  one  of  them,  or  to  their  executors, 
administrators,  or  assigns  ;  to  which  payment  well  and  truly 
to  be  made,  I  bind  myself,  my  heirs,  executors,  and  admin- 
istrators, firmly  by  these  presents.  Sealed  with  my  seal, 
dated  this  tenth  day  of  April,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-two. 

The  Condition  of  this  obligation  is  such,  that  if  the  above 
bound  A.  B.,  his  heirs,  executors,  or  administrators,  do  and 
shall  well  and  truly  pay  or  cause  to  be  paid,  to  the  above 
named  C.  D.  and  E.  F.,  or  either  of  them,  their  or  either 
of  their  executors,  administrators,  or  assigns,  the  full  sum 
of  five  hundred  dollars,  lawful  money  aforesaid,  then  this  ob- 
ligation to  be  void,  and  of  no  effect,  otherwise  to  remain 
and  be  in  full  force  and  virtue  in  law. 


124 


[7]     Bond  with  Wan-ant  of  Attorney  to  confess  Judgment. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of          , 
in  the  county  of  ,  and  commonwealth  of  , 

am  held  and  firmly  bound  unto  C.  D.  of  ,  in  the 

sum  of  one  thousand  dollars,  to  be  paid  unto  the  said  C.  D., 
or  his  executors,  administrators,  or  assigns  ;  to  which  pay- 
ment, well  and  truly  to  be  made,  I  do  bind  myself,  my  heirs, 
executors,  and  administrators,  and  each  of  them,  firmly  by 
these  presents.  Sealed  with  my  seal,  dated  the 
day  of 

The  Condition  of  this  obligation  is  such,  that  if  the  above 
bound  A.  B.,  his  heirs,  executors,  administrators,  or  any  of 
them,  shall  and  do  well  and  truly  pay  or  cause  to  be  paid, 
unto  the  above  named  C.  D.,  his  executors,  administrators, 
or  assigns,  the  just  and  full  sum  of  five  hundred  dollars, 
with  legal  interest  for  the  same,  on  or  before  the 
day  of  ,  then  this  obligation  to  be  void,  and  of  no 

effect,  or  else  to  be  and  remain  in  full  force  and  virtue. 

Attest,  A.  B.     L.  s. 

To  Y.  Z.,  esquire,  attorney  of  the  Court  of  Common  Pleas 
of  the  County  of  ,  in  the  State  of  ,  or  to 

any  other  attorney  of  the  said  court,  or  of  any  other  court 
elsewhere. 

Whereas  I,  A.  B.,  of  ,  by  a  certain  obligation, 

bearing  even  date  herewith,  do  stand  bound  unto  C.  D.,  of 
,  in  the  sum  of  ,  [penally,]  conditioned 

for  the  payment  of  ,  [rea/  debt.]     These  are  to  de- 

sire and  authorize  you  or  any  of  you,  on  the  request  of  said 
C.  D.,  to  appear  for  me,  my  executors,  or  administrators, 
in  the  said  court,  or  elsewhere,  in  an  action  of  debt  there  or 
elsewhere  brought,  or  to  be  brought,  against  mo,  my  execu- 
tors, or  administrators,  at  the  suit  of  the  said  C.  D.,  his  ex- 
ecutors, administrators,  or  assigns,  on  the  said  obligation,  as 
of  any  term,  the  present,  or  any  other  subsequent  term  of 
the  said  court  or  any  other  court,  there  or  elsewhere  to 
be  held,  and  confess  judgment  thereupon  against  me,  my 
executors,  or  administrators,  for  the  said  sum  of 
\penalty,]  debt,  besides  costs  of  suit,  by  won  sum  informatus, 


BOND.  125 

nikil  dicit,  or  otherwise,  as  to  you  shall  seem  meet  :  and  for 
your,  or  any  of  your  so  doing,  this  shall  be  your  sufficient 
warrant.  And  I  do  hereby  for  myself,  my  executors,  and 
administrators,  remise,  release,  and  for  ever  quit  claim  unto 
the  said  C.  D.,  his  executors,  administrators,  and  assigns,  all 
and  all  manner  of  error  and  errors,  defects,  and  imperfec- 
tions whatever,  in  the  entering  of  the  said  judgment,  or  any 
process  or-  proceedings  thereon,  or  thereto,  or  in  any  wise 
touching  or  concerning  the  same.  In  witness  whereof,  I 
have  hereunto  set  my  hand  and  seal  the  day  of 

Sealed  and  delivered,  Stc. 

A.  B.     L.S. 
Attest, 
O.  P. 


[8]          Jl  Bond  without  penally,  or  a  single  Bond. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of,  &c, 
am  justly  indebted  to  C.  D.,  of,  &c,  in  the  sum  of  one  thous- 
and dollars,  to  the  payment  whereof  well  and  truly  to  be 
made  within  thirty  days  from  the  day  of  the  date  hereof,  I 
bind  myself,  my  heirs,  executors,  and  administrators,  firmly 
by  these  presents. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
seal,  this  day  of 

A.  B.     L.S. 

Attest, 
Y.  Z. 


[9]  A  Bond  or  Bill  of  Credit. 

This  sealed  instrument  in  writing,  witnesses  :  That  I, 
A.  B.,  of  merchant,  divers  good  causes  and  consid- 

erations me  thereunto  moving,  do  undertake  and  covenant 
with  C.  D.,  of,  &c,  merchant,  that  if  he  will  deliver  to 
Y.  Z.,  of  }  gentleman,  or  to  his  order,  to  his  use, 

a  sum  of  money,  or  such  goods  as  said  Y.  Z.  shall  desire, 
not  exceeding  the  amount  of  one  thousand  dollars  in  value  ; 
or  a  part  money  and  a  part  goods,  not  exceeding  the  value 
of  one  thousand  dollars  in  the  whole  ;  and  if  the  said  C.  D. 
shall  take  of  said  Y.  Z.  an  acknowledgment  under  his  hand 
12* 


126  BOND. 

and  seal,  stating  that  he  received  of  said  C.  D.  the  said 
money  or  goods  —  and  that  the  same  were  delivered  on  the 
credit  of  this  writing,  then  I,  and  my  legal  representatives, 
having  such  acknowledgment  delivered  to  me  or  them,  shall 
and  will  on  demand  pay  to  said  C.  D.,  or  his  legal  represen- 
tatives, the  amount  so  to  be  acknowledged  by  the  said  Y.  Z. 
to  be  by  him  so  received  of  said  C.  D.,  with  interest  ;  to  the 
which  payment  well  and  truly  to  be  made,  I  bind  myself  and 
my  legal  representatives,  firmly  by  these  presents. 

In  witness  whereof,  &.c. 

A.  B.     L.  s. 

Attest, 
O.  P. 


[10]     From  several  persons,  severally,  for  different  Sums. 

Know  all   men  by   these   presents,   that  we,  A.  B.  of 
,  C.  D.  of  ,  and  E.  F.  of  ,  are 

severally  and  respectively  indebted,  and  stand  bound  and 
obliged  to  Y.  Z.  of  ,  in  the  several  sums  follow- 

ing, to  wit  :  the  said  A.  B.  in  the  sum  of  two  thousand  dol- 
lars, the  said  C.  D.  in  the  sum  of  one  thousand  dollars,  and 
the  said  E.  F.  in  the  sum  of  five  hundred  dollars,  to  the 
payment  whereof  to  the  said  Y.  Z.  his  executors,  &c,  well 
and  truly  to  be  made,  each  of  them  for  his  respective  debt 
does  hereby  bind  and  oblige  himself,  his  heirs,  £.c,  severally 
and  respectively,  but  not  jointly,  nor  one  for  the  other,  firmly 
by  these  presents.  Sealed  with  our  seals.  Dated,  &.c. 


[11]  To  Church  Wardens. 

are  held,  &c,  to  W.  X.  of         ,  and  Y.  Z.  of         , 

church  wardens  of  church,  in  the  sum  of  to  be 

paid  to  the  said  church  wardens,  their  executors,  adminis- 
trators, assigns,  or  successors  in  office,  for  the  use  of  said 
church,  &c. 


BOND.  127 


[12]  From  an  Incorporated  Company. 

that  the  said  company  are  held,  &c,  unto 

A.  B.  of,  &c,  in  the  full  sum  of  to  be  paid,  &c.     To 

the  payment  whereof  the  said  company  do  hereby  bind 
themselves.  In  witness  whereof  the  said  company  have 
caused  their  corporation  seal  to  be  hereunto  affixed  by  O.  P. 
the  president  of  said  company,  who  was  thereto  duly  au- 
thorized, this  first  day  of  March,  in  the  year  of  our  Lord,  &c. 


[13]     J)  short  Power  of  Attorney,  to  be  incorporated  in  any 
bond,  or  condition,  at  pleasure. 

And  I,  the  said  A.  B.  [naming-  the  obligor]  do  hereby  au- 
thorize and  empower  any  attorney  of  any  court  of 
in  this  State,  to  be  appointed  by  the  said  C.  D.  [naming 
the  obligee,']  to  appear  for  me  in  any  court,  at  any  term, 
whereat  the  said  C.  D.  may  commence  and  prosecute  a  suit 
against  me  the  said  A.  B.  on  this  bond,  and  at  such  term  of 
said  court,  or  at  any  subsequent  term  thereof,  in  my  name 
to  confess  judgment  against  me  for  the  amount  appearing  by 
this  bond  to  be  due,  with  a  stay  of  execution  till  the  time 
herein  limited  for  payment,  if  the  same  shall  not  then  have 


Note.  In  most  of  the  following  cases  the  condition  only 
is  presented.  The  bond  preceding  the  condition  must  be  in 
common  form.  One  person  at  least,  should  witness  the  ex- 
ecution of  a  bond. 

CONDITION. 
[14]         For  payment  of  Money  at  different  times. 

The  condition  of  this  obligation  is  such,  That  if  the  above 
bound  A.  B.  his  heirs,  executors,  and  administrators,  or 
any  of  them,  shall  well  and  truly  pay,  or  cause  to  be  paid 
unto  the  above  named  C.  D.  his  executors,  administrators, 
or  assigns,  the  just  and  full  sum  of  one  thousand  dollars, 
lawful  money  as  aforesaid,  in  manner  following,  to  wit : 


128  BOND CONDITION. 

three  hundred  dollars,  part  thereof,  on  the  first  day  of  June 
next  ensuing  the  date  hereof,  three  hundred  dollars  more 
thereof  on  the  first  day  of  December,  the  next  following ; 
and  four  hundred  dollars,  the  residue,  and  in  full  payment 
thereof,  on  the  first  day  of  June,  which  will  be  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-three, 
then  this  obligation  to  be  void:  But  if  default  shall  be  made 
in  payment  of  any  or  either  of  the  said  sums  on  the  days 
and  times  herein  before  mentioned  and  appointed  for  pay- 
ment thereof  respectively,  then  this  bond  shall  remain  in  full 
force  and  virtue. 


[15]  For  Performance  of  Covenants. 

The  condition  of  this  obligation  is  such,  That  if  the  above 
bound  A.  B.  his  heirs,  executors,  and  administrators,  shall 
in  all  things,  well  and  truly  observe,  perform,  and  keep,  all 
and  singular  the  covenants,  clauses,  conditions,  and  agree- 
ments, which  on  the  part  and  behalf  of  the  said  A.  B.  are  to  be 
observed,  performed,  and  kept,  comprised  and  mentioned  in 
certain  indentures  of  lease,  bearing  even  date  herewith,  and 
made  between  the  said  A.  B.  of  the  one  part,  and  the  above 
named  C.  D.  of  the  other  part,  according  to  the  true  intent, 
and  meaning,  of  the  same,  then  the  above  obligation  to  be 
void:  But  if  default  be  made  in  any  of  the  cases  aforesaid, 
then  the  said  bond  shall  remain  in  full  force  and  virtue. 


[16]  To  Perform  an  Award. 

The  condition  of  this  obligation  is  such,  That  if  the 
above  bound  A.  B.  his  heirs,  executors,  and  administrators, 
shall  in  all  things,  well  and  truly  stand  to,  abide,  perform, 
and  keep,  the  award,  order,  arbitrament,  and  determination, 
of  U.  V.,  W.  X.,  and  Y.  Z.,  or  any  two  of  them,  arbitrators 
indifferently  elected,  and  chosen,  as  well  on  the  part  and  be- 
half of  the  above  bound  A.  B.  as  of  the  above  named  C. 
D.  to  arbitrate,  award,  and  determine,  of,  and  concerning 
\here  mention  the  matter  in  dispute]  and  also  of  and  con- 
cerning all  actions,  cause  and  causes  of  action,  judgments, 


BOND  —  CONDITION.  129 

executions,  controversies,  and  demands,  whatsoever,  at  any 
time  heretofore  commenced,  prosecuted,  or  depending  by  or 
between  the  said  parties,  for  or  by  reason  of  any  other  mat- 
ter, cause,  or  thing,  from  the  beginning  of  the  world,  to  the 
day  of  the  date  hereof,  so  as  the  said  award  be  made  in 
writing,  indented,  under  the  hands  and  seals  of  the  said 
arbitrators,  or  any  two  of  them,  and  ready  to  be  delivered  to 
the  said  parties  in  difference,  or  such  of  them  as  shall  re- 
quire the  same,  on  or  before  the  first  day  of  May  next  en- 
suing the  date  hereof,  [ij  by  umpirage,  proceed  as  follows  : 
1  But  if  the  said  arbitrators,  or  any  two  of  them  do  not  make 
such  their  award,  of  and  concerning  the  premises,  by  the 
time  aforesaid;  that  then  if  the  said  A.  B.  his  heirs,  execu- 
tors, and  administrators,  shall  in  all  things,  well  and  truly  stand 
to,  abide,  perform,  and  keep,  the  award,  order,  arbitrament, 
umpirage,  and  determination,  of  such  person  as  shall  be 
named  and  chosen  by  the  said  arbitrators  as  umpire  between 
the  said  parties,  of  and  concerning  the  premises,  so  as  the 
said  umpire  do  make  his  award  or  umpirage  of  and  concern- 
ing the  same,  in  writing,  indented  under  his  hand  and  seal, 
ready  to  be  delivered  to  the  said  parties,  on  or  before  the 
tenth  day  of  May  next,']  then  the  above  obligation  to  be 
void  :  But  if  default  be  made  in  any  of  the  cases  aforesaid, 
then  said  bond  shall  remain  in  full  force  and  virtue. 


[17]  To  Execute  a  Conveyance. 

The  condition  of  this  obligation  is  such,  That  if  the  said 
A.  B.  on  or  before  the  tenth  day  of  September  next  ensuing 
the  date  hereof,  or  in  case  of  his  death  before  that  time,  if 
the  heirs  of  the  said  A.  B.  within  three  months,  next  after 
his  decease,  (if  such  heirs  shall  be  then  of  full  age,  or  if 
within  age,  then  within  three  months  after  such  heirs  shall 
be  of  full  age,)  shall  and  do,  upon  the  reasonable  request, 
and  at  the  charges  of  the  said  C.  £).  his  heirs  or  assigns, 
make,  execute,  and  acknowledge,  or  cause  so  to  be,  all  and 
every  such  deed  or  deeds,  conveyance  or  conveyances  what- 
soever, which  shall  be  needful  for  conveying,  and  confirm- 
ing, unto  the  said  C.  D.  his  heirs  and  assigns,  a  good,  ab- 
solute, and  indefeasible  estate  of  inheritance  in  fee  simple, 
clear  of  all  incumbrances,  of  and  in  a  certain  messuage,  &c, 


130  BOND  —  CONDITION. 

with  the  appurtenances  :  And,  if  in  the  mean  time,  fcnd 
while  and  until  the  same  deed  or  deeds  shall  be  executed, 
the  said  A.  B.  his  heirs  and  assigns,  shall  and  do  permit  and 
suffer  the  said  C.  D.  his  heirs  and  assigns,  peaceably  and 
quietly,  to  have,  hold,  and  enjoy  the  same  messuage  and 
tract  of  land,  then  the  above  obligation  to  be  void,  or  else  it 
shall  be  and  remain  in  full  force  and  virtue. 


[18]  To  permit  a  Wife  to  make  a  Will. 

Whereas  a  marriage  is  intended  to  be  shortly  had  and 
solemnized  between  the  above  bound  A.  B.  and  the  said 
O.  P.  Now  the  condition  of  this  obligation  is  such,  that, 
if  after  the  said  intended  marriage  shall  be  had,  the  said  A. 
B.  shall  permit  and  suffer  the  said  O.  P.  to  make  her  last 
will  and  testament  in  writing,  and  in  and  by  the  same  at  her 
will  and  pleasure  to  bequeath  or  otherwise  dispose  of  all 
such  household  furniture,  wearing  apparel,  or  other  goods 
or  chattels  whatsoever,  whereof  she  is  now  possessed:  And 
if  the  said  A.  B.  his  heirs,  executors,  or  administrators,  shall 
(on  request  to  him  or  them  made)  well  and  truly  deliver,  or 
cause  to  be  delivered,  unto  the  legatee  or  legatees  named  in 
the  said  will,  their  legal  representatives  or  assigns,  all  such 
goods  and  chattels  as  shall  be  to  them  respectively  bequeathed 
by  the  said  will,  according  to  the  directions  thereof,  then  the 
above  obligation  to  be  void  and  of  no  effect,  or  else  to  re- 
main in  full  force  and  virtue. 

ICT*  This  bond  to  permit  a  wife  to  make  a  will,  must  not 
be  made  to  the  woman  herself,  but  to  some  relation  or  friend 
for  her  use. 


[19]  For  Service  of  Apprentice. 

Whereas  C.  B.  son  of  the  above  bound  A.  B.  by  in- 
denture of  apprenticeship,  bearing  even  date  with  the  above 
written  obligation,  has  bound  and  put  himself  apprentice  to 
the  above  named  E.  F.  with  him  to  dwell  and  abide,  from 
the  day  of  the  date  hereof  unto  the  full  end  and  term  of  five 


BOND  —  CONDITION.  131 

years  thence  next  ensuing,  and  fully  to  bo  complete  and 
ended,  as  by  the  said  indenture  may  more  fully  appear. 
Now  the  condition  of  this  obligation  is  such,  That  if  the 
said  C.  B.  shall  well  and  truly  serve  and  dwell  with  the  said 
E.  F.  after  the  manner  of  an  apprentice,  during  all  the  said 
term  of  five  years,  according  to  the  true  intent  and  mean- 
ing of  the  said  indenture:  And  if  the  said  C.  B.  shall  not, 
during  the  said  term,  waste,  embezzle,  or  consume  the 
goods  and  chattels  of  the  said  E.  F.  his  executors,  and  ad- 
ministrators, but  shall  behave  himself  honestly  and  obedi- 
ently towards  the  said  E.  F.  his  executors,  and  administra- 
tors, as  a  good  and  dutiful  apprentice  ought  to  do,  during 
the  said  term,  then  the  above  obligation  to  be  void  and  of 
no  effect,  or  else  to  remain  in  fulljbrce  and  virtue. 


[20]  To  refund  a  Legacy,  in  certain  events. 

Whereas  C.  B.  (the  father  of  the  said  A.  B.)  by  his  last 
will  and  testament,  bearing  date,  &c,  did  give  and  bequeath 
unto  the  said  A.  B.  a  certain  legacy  of  two  thousand  dollars 
[or  one  equal  fourth  part  of  his  estate,  as  the  case  may  fee] 
as  by  the  said  in  part  recited  will,  since  the  decease  of  the 
said  C.  B.  duly  proved  and  remaining  in  the  Register's 
office  at,  &c,  appears.  Now  the  condition  of  this  obliga- 
tion is  such,  That  if  any  part,  or  the  whole,  of  the  said  leg- 
acy, shall,  at  any  time  after  the  payment  thereof  to  the  said 
A.  B.  appear  to  be  wanting  to  discharge  any  debt  or  debts, 
legacy  or  legacies,  which  the  said  executors  shall  not  have 
other  assets  to  pay  :  Then,  and  in  such  case,  if  the  said 
A.  B.  his  heirs,  executors,  or  administrators,  shall  and  do 
return  the  said  legacy,  or  such  part  thereof  as  shall  appear 
to  be  necessary  for  the  payment  of  the  said  debts,  or  the 
payment  of  a  proportionable  part  of  the  said  legacies,  then 
the  above  obligation  to  be  void  and  of  no  effect,  or  else  to 
remain  in  full  force  and  virtue. 


132  BOND CONDITION. 


[21]  Of  a  Treasurer  of  a  Company. 

Whereas,  the  above  bound  A.  B.  has  been  chosen  treas- 
urer of  the  Company  of  ,  by 
reason  whereof  he  will  receive  into  his  hands  divers  sums  of 
money,  goods  and  chattels,  and  other  things,  the  property 
of  the  said  company.  Now  the  condition  of  this  obligation 
is  such,  That  if  the  said  A.  B.  his  executors  or  administra- 
tors, at  the  expiration  of  his  said  office,  upon  request  to 
him  or  them  to  be  made,  shall  make  and  give  unto  such 
auditor  and  auditors  as  shall  be  appointed  by  the  said  com- 
pany, a  just  and  true  account  of  all  such  sum  or  sums  of 
money,  goods  and  chattels,  and  other  things,  as  have  come 
into  his  hands,  charge,  or  possession,  as  treasurer  aforesaid, 
and  shall,  and  do,  pay  and  deliver  over  to  his  successor  in 
office,  or  any  other  person  duly  authorized  to  receive  the 
same,  all  such  balances  or  sums  of  money,  goods  and  chat- 
tels and  other  things,  which  shall  appear  to  be  in  his  hands 
and  due  by  him  to  the  said  company,  then  this  obligation  to 
be  void,  or  else  to  be  and  remain  in  full  force  and  virtue. 


[22]         Bond  of  Indemnity;  to  Surety  in  a  Bond. 

The  condition  of  this  obligation  is  such,  That  whereas 
the  above  named  C.  D.  at  the  special  instance  and  request 
of  the  'above  bound  A.  B.  and  for  his  debt,  together  with 
and  as  well  as  he  the  said  A.  B.  are  held  and  firmly  bound 
unto  a  certain  E.  F.  of,  &.c,  in  and  by  an  obligation,  bearing 
even  date  herewith,  in  the  penal  sum  of  four  thousand  dollars, 
lawful  money  as  aforesaid,  conditioned  for  the  true  payment 
of  two  thousand  dollars,  like  money,  on  or  before  the  first 
day  of  May,  next  ensuing  the  date  of  the  said  obligation, 
together  with  lawful  interest  for  the  same,  as  by  the  same 
obligation  and  condition  thereof,  relation  being  thereunto  had, 
appears.  If  therefore  the  said  A.  B.,  his  heirs,  executors, 
or  administrators,  shall  on  or  before  said  first  day  of  May, 
well  and  truly  pay  or  cause  to  be  paid,  unto  the  above  named 
£.  F.  his  executors,  administrators  or  assigns,  the  aforesaid 
debt  or  sum  of  two  thousand  dollars,  with  interest,  in  the 
discharge  of  the  said  recited  obligation  :  'And  also  shall 


BOND CONDITION.  133 

from  time  to  time,  and  at  all  times  hereafter,  well  and  suffi- 
ciently save,  defend,  keep  harmless,  and  indemnify,  the  said 
C.  D.  his  heirs,  executors,  and  administrators,  and  his  and 
their  goods  and  chattels,  lands  and  tenements,  of  and  from 
the  said  obligation,  and  of  and  from  all  actions,  costs,  and 
damages,  for  or  by  reason  thereof,  then  this  obligation  to  bo 
void,  or  else  to  be  and  remain  in  full  force  and  virtue. 


[23]  To  Bail  in  Bail  Bond. 

The  condition  of  this  obligation  is  such,  That  whereas 
the  above  named  C.  D.  at  the  special  instance  and  request 
of  the  above  bound  A.  B.  in  and  by  an  obligation,  bear- 
ing date,  &c,  became  bound  unto  E.  F.  esquire,  High 
Sheriff  of  the  county  of  ,  in  the  sum  of  one  hundred 

dollars,  conditioned  for   the  appearance  of  the  said  A.  B. 
before  the  District  Court  of  ,   to  be  held  at 

,  the  first  Monday  of  September  next,  as  by 
the  said  recited  obligation  and  condition  thereof,  relation 
being  thereto  had,  appears.  If  therefore  the  said  A.  B. 
shall  appear  according  to  the  condition  of  the  said  obligation, 
and  as  the  law  requires:  And  shall  also  do,  &c.  [Conclude 
as  in  the  next  preceding  form,  from  the  mark  *.] 


[24]  To  Special  Bail.      Common  Form. 

The  condition  of  this  obligation  is  such,  That  whereas  the 
above  named  C.  D.  at  the  special  instance  and  request  of 
the  above  bound  A.  B.  became  special  bail  for  the  said 
A.  B.  in  a  certain  action  of  debt,  [trespass,  fyc,  as  the  case 
may  be,]  at  the  suit  of  E.  F.  in  the  District  Court  of  the 
city  and  county  aforesaid,  as  by  the  recognizance  of  bail 
on  record  of  the  said  Court,  relation  being  thereunto  had, 
appears.  If  therefore  the  said  A.  B.  shall  appear  according 
to  the  condition  of  the  said  obligation,  and  as  the  law  re- 
quires :  And  shall  and  do,  &tc.  [  Conclude  as  in  form 
JVo.  22.] 

13 


134  BOND CONDITION. 


[25]  To  Surety  in  Administration  Bond. 

The  condition  of  this  obligation  is  such,  That  whereas  the 
above  named  E.  F.  at  the  special  instance  and  request  of 
the  above  bound  A.  B.  in  and  by  a  certain  obligation,  bear- 
ing date,  &c,  has  become  bound  together  with  the  said  A.  B. 
unto  J.  B.,  esquire,  Register  for  the  Probate  of  Wills,  and 
granting  letters  of  administration,  in  and  for  the  county  of 
aforesaid,  in  the  sum  of  one  thousand  dollars,  for 
the  due  administration  of  all  and  singular  the  goods  and 
chattels,  rights  and  credits,  which  were  of  J.  K.,  late  of,  &c, 
who  died  intestate,  &c,  as  by  the  said  recited  obligation  and 
condition  thereof,  remaining  in  the  Register's  office,  at 
,  relation  being  thereunto  had,  appears.  Now  if 
the  said  A.  B.  administrator  as  aforesaid,  shall  and  do,  well 
and  truly,  administer  all  and  singular  the  goods  and  chattels, 
rights  and  credits,  which  were  of  the  aforesaid  J.  K.,  ac- 
cording to  law,  and  do  and  perform  all  and  every  other  act, 
and  thing,  on  the  part  and  in  behalf  of  the  said  A.  B.  to  be 
done  and  performed,  according  to  the  true  intent  and  mean- 
ing of  the  condition  of  the  said  recited  obligation  .  And  also 
shall  and  do,  &c.  [Conclude  as  inform  JVb.  22.] 


[26]  To  Executor,  on  Payment  of  a  Legacy. 

The  condition  of  this  obligation  is  such,  That  whereas 
B.  B.  by  his  last  will  and  testament,  bearing  date,  &c,  did 
bequeath  unlo  T.  B.  the  son  of  the  above  bound  A.  B.  a 
certain  legacy  of,  &c.  And  whereas  the  said  E.  F.,  who 
is  the  executor  of  the  last  will  and  testament  of  said  B.  B., 
at  the  request  of  the  said  A.  B.  has  paid  the  said  legacy 
unto  him,  for  the  use  and  benefit  of  his  said  son,  who  is  a 
minor,  under  the  age  of  twenty-one  years.  If  therefore  the 
said  A.  B.  his  heirs,  executors,  or  administrators,  shall 
cause  and  procure  the  said  T.  B.  the  son,  on  his  arrival  at 
the  age  of  twenty-one  years,  to  release  the  legacy  afore- 
said unto  the  said  E.  F.  and  shall  and  do  in  the  mean 
time,  and  at  all  times  hereafter,  &.c.  [Conclude  as  in  form 
JVb.  22.] 


BOND CONDITION.  135 


[27]  To  Save  Harmless,  on  Paying  Rent. 

The  condition  of  this  obligation  is  such,  That  whereas 
the  above  named  A.  B.,  by  indenture  of  lease,  bearing  date, 
&c,  has  demised,  and  to  farm  let  unto  the  said  E.  F.  all  that 
messuage,  8tc.  To  hold  the  same  to  the  said  E.  F.  for  the 
term  of,  &c,  paying,  &c,  [as  in  the  lease]  as  in  and  by  the 
said  indenture  appears.  And  whereas  a  certain  G.  H.  of, 
&c,  claims  title  to  the  premises  aforesaid,  with  the  appurte- 
nances :  If  therefore  the  said  A.  B.  shall  from  time  to  time, 
indemnify  the  said  E.  F.  his  heirs,  executors  and  administra- 
tors, and  his  and  their  goods  and  chattels,  lands  and  tene- 
ments, of  and  from  the  said  claim  of  the  said  G.  H.  and  of 
and  from  all  actions,  costs,  and  damages,  for  or  by  reason 
thereof,  then  this  obligation  to  be  void,  or  else  to  remain  in 
full  force  and  virtue. 


[28]  Jlgainst  Claim  of  Dower. 

The  condition  of  this  obligation  is  such,  That  whereas  the 
above  bound  A.  B.  by  indenture,  under  his  hand  and  seal, 
bearing  date,  &.c,  has  granted,  bargained,  and  sold  unto  the 
above  named  E.  F.  all  that  messuage,  &c,  with  the  appur- 
tenances, To  hold  the  same  to  him,  his  heirs  and  assigns  for 
ever,  as  by  the  said  indenture,  relation  being  thereto  had, 
appears.  If  therefore  the  said  A.  B.  his  heirs,  executors, 
and  administrators,  shall  and  do,  from  time  to  time,  and  at 
all  times  hereafter,  well  and  sufficiently  save,  keep  harmless, 
and  indemnify  the  said  E.  F.  his  heirs,  executors,  and  ad- 
ministrators, of  and  from  the  dower  or  thirds  which  G.  B. 
the  wife,  [or  mother,  &fc,~\  of  the  said  A.  B.  shall  or  may 
claim  in  the  premises,  and  of  and  from  all  actions,  costs, 
charges,  and  damages,  for  or  by  reason  thereof,  then  the 
above  obligation  to  be  void,  or  else  to  remain  in  full  force 
and  virtue. 


136  BOND  CONDITION. 


[29]  For  Bond  Mislaid  or  Lost. 

The  condition  of  this  obligation  is  such,  That  whereas  the 
above  named  E.  F.  in  and  by  a  certain  obligation,  bearing 
date  on  or  about  the  first  day  of  June  last,  became  bound 
unto  the  above  named  A.  B.  in  the  sum  of  three  hundred 
dollars,  conditioned  for  the  payment  of  one  hundred  and  fifty 
dollars,  which  said  obligation  is  since  lost  or  mislaid.  And 
whereas  the  said  £.  F.  has  fully  satisfied  and  paid  the  said 
sum  of  one  hundred  and  fifty  dollars,  with  the  interest,  due 
on  the  said  obligation,  the  receipt  whereof  the  said  A.  B. 
does  hereby  acknowledge,  and  thereof,  and  all  actions,  and 
demands,  concerning  the  same,  does  acquit  and  for  ever  dis- 
charge the  said  E.  F.  his  heirs,  executors,  and  administra- 
tors, by  these  presents.  If  therefore  the  said  A.  B.  his  heirs, 
executors,  and  administrators  shall  and  do  deliver  up  the 
said  obligation,  when  it  shall  be  found,  to  the  said  E.  F.  his 
heirs,  executors,  or  administrators,  to  be  cancelled;  and  until 
the  same  shall  so  be  delivered  up  and  cancelled,  save,  de- 
fend, keep  harmless,  and  indemnify,  &c.  [Conclude  as  in 
/orro.JYb.  22.] 


[30]  To  the  Town  for  a  Bastard  Child. 

Know  all  men  by  these  presents,  That  we,  A.  B.  and  F. 
G.  of  the  town  of  ,  in  the  county  of  ,  and 

state  of  ,  are  held  and  firmly  bound  unto  L.  M.  and 

N.  O.  overseers  of  the  poor  of  the  said  town,  for  the  time 
being,  in  the  just  and  full  sum  of  three  hundred  dollars,  to 
be  paid  to  the  said  overseers  of  the  poor,  or  to  either  of  them, 
or  either  of  their  successors,  or  assigns,  to  which  payment 
well  and  truly  to  be  made  we  bind  ourselves  jointly  and  sev- 
erally, our  heirs,  executors,  and  administrators,  and  every 
of  them  firmly  by  these  presents.  Sealed  with  our  seals, 
dated  the  first  day  of  Mny,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  thirty-two. 

The  condition  of  this  obligation  is  such,  That  whereas 
M.  W.  of  the  said  town,  single  woman,  is  now  pregnant 
with  a  bastard  child,  [or  has  lately  been  delivered  of  a  male 
bastard  child  in  the  township  aforesaid,]  and  has  charged  the 


BOND CONDITION.  137 

said  A.  B.  with  being  the  father  of  the  said  child.  If  there- 
fore the  said  A.  B.  shall  and  do,  from  time  to  time,  and  at 
all  times  hereafter,  well  and  sufficiently  save,  keep  harmless, 
and  indemnify  the  said  to\vn  of  ,  and  also  all  the  in- 

habitants of  the  said  town,  of  and  from  all  expenses,  costs, 
and  damages  whatsoever,  which  shall  or  may  hereafter  hap- 
pen or  accrue,  for  or  by  reason  or  means  of  the  birth,  main- 
tenance, education,  or  bringing  up  of  the  said  child,  [or  of 
such  child  or  children,  wherewith  the  said  M.  W.  now 
goes,]  and  of  and  from  all  actions,  troubles,  and  demands, 
touching  or  concerning  the  same,  then  this  obligation  shall 
be  void,  otherwise  it  shall  be  and  remain  in  full  force  and 
virtue. 


[31]          To  refund  Money  on  failure  of  Contract. 

Know  all  men  by  these  presents,  That  we,  A.  B.  and  C. 
D.  of  the  city  of  ,  and  state  of  ,  are  held 

and  firmly  bound  unto  E.  F.  and  G.  H.  trustees  [or,  if  not 
incorporated,  say  members']  of  the  First  Presbyterian  Church, 
in  the  city  of  ,  and  slate  aforesaid,  in  the  sum  of  two 

thousand  dollars,  to  be  paid  to  the  said  E.  F.  and  G.  H.  or 
to  their  successors  or  assigns,  in  trust  for  the  said  trustees, 
[or  members,]  to  which  payment  well  and  truly  to  be  made, 
we  bind  ourselves  jointly  and  severally,  our  heirs,  executors, 
and  administrators,  and  every  of  them,  firmly  by  these  pres- 
ents. Sealed  with  our  seals,  dated  the  first  day  of  May, 
in  the  year  of  our  Lord,  one  thousand  eight  hundred  and 
thirty-two. 

Whereas  the  said  A.  B.  for  the  consideration  of  one  thous- 
and dollars  to  him  paid,  or  secured  to  be  paid,  did  make, 
finish,  and  sell,  unto  the  said  trustees,  a  bell,  [clock  or  other 
article,  as  the  case  may  be]  which  he  has  delivered  and 
placed  in  the  said  church.  Now  the  said  A.  B.  does  hereby 
for  himself,  his  heirs,  executors,  and  administrators,  warrant 
the  said  bell  to  be  good  in  each  and  every  respect,  and  to 
remain  good  and  sufficient  for  the  space  of  six  years. 

Now  the  condition  of  this  obligation  is  such,  That  if  the 
said  bell  shall  within  the  time  aforesaid  prove  defective  or 
insufficient  in  the  opinion  of  any  three  competent  artists  or 
mechanics,  who  shall  be  disinterested,  then  this  obligation  to 
be  in  full  force  and  virtue,  otherwise  to  be  void. 
13* 


138  BOND  CONDITION'. 


[32]      Of  a  Bond  of  Indemnity  on  paying  a  lost  JVbfe, 

Whereas  the  above  named  E.  F.  by  his  promissory  note 
signed  by  him  for  the  said  G.  F.  his  father,  and  himself, 
dated  the  day  of  ,  did  promise  to  pay  unto 

Y.   Z.  or  order,  dollars,  sixty  days  after  date  for 

value  received,  and  such  said  note  was  afterwards  indorsed 
by  the  said  Y.  Z.  and  others,  and  became  the  property  of  A. 
B.  of  ,  as  the  said  A.  B.  avers  :  And  whereas  the 

said  A.  B.  alleges  he  sent  the  said  note  by  the  mail,  on  the 
day  of  last,  to  the  above  bound  C.  D.  to 

be  received  by  him  for  his  the  said  A.  B.'s  use  ;  which  mail 
being  robbed,  and  the  said  note  not  having  been  offered  for 
payment,  it  is  apprehended  the  said  note  was  stolen  out 
of  the  said  mail  or  otherwise  lost.  And  whereas  the  said 

E.  F.  and  G.  F.  have  on  the  day  of  the  date  hereof,  at  the 
request  as  well  of  the  said  A.  B.  as  of  the  said  C.  D.,  and 
upon  his  the  said  C.  D.   promising  to  indemnify  the  said  E. 

F.  and  G.  F.,  and  deliver  up  to  (hern  the  said  note  to  be 
cancelled  when  found,  paid  the  said  C.  D.  the  sum  of 
dollars,  in  full  satisfaction  and  discharge  of  the  said  note,  the 
receipt  whereof  the  said  C.  D.  does  hereby  acknowledge  : 
The  condition  therefore  of  the  above  written  obligation  is 
such,  That  if  the  said  C.  D.  his  heirs,  executors,  or  admin- 
istrators, or  any  of  them,  do,  and  shall  from  time  to  time,  and 
at  all  times  hereafter,  save,  defend,  keep  harmless,  and  in- 
demnified the  said  E.  F.  and  G.  F.  their  executors  and  ad- 
ministrators, of,  from  and  against  the  said  note  of 
dollars,  and  of  and  from  all  costs,  damages,  and  expenses, 
that  shall  or  may  happen  to  arise  therefrom,  and  also  deliver 
or  cause  to  be  delivered  up  the  said  note,  when  and  so  soon 
as  the  same  shall  be  found  to  be  cancelled.     Then,  &c. 


[33]  To  perform  an  Award. 

Whereas  differences  have  arisen,  and  are  depending  be- 
tween the  above  bound  A.  B.  and  the  above  named  C.  D., 
concerning  [here  particularly  mention  what  the  difference  is 
about,'}  all  differences  and  demands  concerning  the  same, 
the  said  parties  have  agreed  to  refer  to  the  award,  judgment, 


BOND  CONDITION.  139 

and  determination  of  arbitrators,  indifferently  chosen 

by  and  between  the  said  parties,  to  award,  arbitrate,  and 
determine,  concerning  the  same,  [and  if  to  be  an  umpire  say, 
and  ij 'ike y  do  not  make  the  award  within  the  time  hereunder 
limited,  then  to  the  umpiragc  of  such  person  as  the  said  ar- 
bitrators shall  indi{fi'rt 'iiily  choose  fur  umpire,  as  hereunder 
is  mentioned;]  now  therefore,  the  condition  of  this  obligation 
is  such,  that  if  the  said  A.  B.,  his  executors  and  administra- 
tors, on  his  and  their  part  and  behalf,  shall  and  do  in  and  by 
all  things,  well  and  truly  stand  to,  perform,  fulfil,  and  keep 
the  award,  arbitration,  judgment,  and  determination,  which 
arbitrators,  as  atbresaid,  [or  such  umpire]  shall 
make  in  writing,  under  their  hands  and  seals,  ready  to  be  de- 
livered to  the  said  parties  in  difference,  on  or  before  the 

day  of  ,  in  and  concerning  the  before  mention- 

ed matters  in  difference,  and  all  or  any  actions,  debts,  claims, 
and  demands  whatever,  concerning  the  same.  And  if  the 
said  arbitrators  shall  not  make  and  give  the  same  in  writing, 
[as  before]  then,  &.c,  [mention  the  lime  of  delivery  by  the 
umpire.] 


[34]  To  deliver  up  a  Mill  with  the  Utensils,  $c,  at  the 
termination  of  a  Lease,  in  as  good  Repair  and  Condition 
as  the  same  were  when  let. 

Whereas  the  above  named  E.  F.,  by  his  indentures  of 
lease  under  his  hand  and  seal,  bearing  date  the  day 

of  ,  has  let  unto  the  above  bound  A.  B.,  amongst 

other  things,  a  certain  Grist  Mill,  with  its  appurtenances, 
situated  in  ,  now  in  the  occupation  of  said  E.  F., 

and  all  the  materials,  utensils,  and  things,  now  in,  about  and 
belonging  thereto,  for  the  term  of  years,  from 

then  and  now  next  ensuing,  at  the  yearly  rent  therein  men- 
tioned :  Now  the  condition  of  this  obligation  is  such,  That 
if  the  said  A.  B.,  his  executors,  administrators,  or  assigns,  at 
his,  their,  or  some  of  their  own  costs  and  charges,  do  and 
shall,  before  the  expiration  of  the  said  term  of  years, 

by  the  said  recited  lease  granted,  or  other  sooner  determina- 
tion thereof,  which  shall  first  happen,  cause  the  said  mill, 
and  all  things  belonging  thereunto  to  be  put  into  the  same 
form,  order,  and  manner,  as  they  now  are,  and  fitting  to  be 


140  BOND CONDITION. 

used  for  a  Grist  Mill,  as  the  same  now  is,  and  shall  and  do 
deliver  up  the  same,  in  such  order  and  manner  as  aforesaid,  at 
the  expiration  of  the  said  term,  with  all  the  materials,  uten- 
sils, and  things  which  are  now  in.  about,  and  belonging  there- 
to, unto  the  said  E.  F.,  his  executors,  administrators,  or 
assigns,  in  as  good  repair  and  condition  as  they  now  are, 
reasonable  use  and  wearing  thereof  in  the  mean  time  only 
excepted  ;  then,  &c. 


[35]  For  the  Fidelity  of  a  Clerk. 

Whereas  the  above  named  E.  F.,  has  taken  and  receiv- 
ed the  above  bound  A.  B.,  into  his  service  to  be  one  of  his 
clerks,  to  collect,  receive,  and  get  in  money  for  him,  and  to 
do  all  other  things  in  his  power  incident  to  the  business  of  a 
clerk.  Now  the  condition  of  this  obligation  is  such,  That 
if  the  said  A.  B.  do  not,  or  shall  not  at  all  times  hereafter, 
from  time  to  time,  during  so  long  time  as  he  the  said  A.  B. 
shall  continue  and  be  employed  in  the  service  of  the  said 
E.  F.,  as  his  clerk,  or  servant,  well,  faithfully  and  truly  serve 
the  said  E.  F.,  his  employer,  without  wasting,  embezzling, 
losing,  misapplying,  or  unlawfully  making  away  with  any 
of  the  goods,  wares,  and  merchandizes,  or  effects  whatsoever, 
of  the  said  E.  F.,  or  of  any  other  person  or  persons  whatso- 
ever, for  which  he  the  said  E.  F.,  his  executors,  or  adminis- 
trators, shall  or  may  by  any  law,  custom,  or  usage,  be  any 
way  responsible,  which  shall  be  committed  to  his  the  said 
A.  B.'s  charge,  care,  custody,  or  keeping,  by  reason  or 
means  of  his  said  service,  or  being  clerk  as  aforesaid  ;  and 
if  the  said  A.  B.  shall  at  any  time  during  the  time  of  his  be- 
ing clerk  or  servant  to  the  said  E.  F.,  his  executors,  admin- 
istrators, or  assigns,  neglect  or  refuse  to  account  with  him 
the  said  E.  F.,  his  executors,  administrators,  or  assigns, 
weekly  or  oftener,  if  thereunto  required  by  the  said  E.  F., 
his  executors,  or  administrators,  by  reasonable  notice  in  wri- 
ting under  his  or  their  hands,  for  that  purpose,  to  be  given 
to  or  left  for  him  the  said  A.  B.,  at  his  house,  or  usual  place 
of  abode  or  habitation;  then  if  the  said  A.  B.  and  C.  D.,  or 
either  of  them,  their  or  either  of  their  heirs,  executors,  or 
administrators,  or  any  of  them,  do  and  shall  within 
months  next  after  due  proof  thereof,  either  by  the  confession 


BOND  —  CONDITION.  141 

of  the  said  A.  B.,  or  otherwise  howsoever,  by  notice  thereof, 
left  at  the  dwelling  house,  habitation,  or  place  of  residence 
of  them  the  said  A.  B.  and  C.  D.,  or  either  of  them,  or  ei- 
ther of  their  heirs,  executors,  or  administrators,  (in  writing 
or  otherwise,)  make  good  and  sufficient  recompense,  satis- 
faction, and  payment,  unto  the  said  E.  F.,  his  executors,  ad- 
ministrators, or  assigns,  for  the  said  moneys,  goods,  chattels, 
wares,  merchandizes,  or  effects,  of  him  the  said  E.  F.,  so 
lost,  wasted,  or  misapplied,  as  aforesaid,  and  also  for  all  such 
loss,  damage,  or  charge,  as  he  the  said  E.  F.,  his  executors, 
or  administrators,  shall  suffer,  sustain,  and  be  put  unto,  for 
or  by  reason  or  means  of  his  the  said  A.  B.'s  neglecting  or 
refusing  to  account  as  aforesaid  ;  then,  Sec. 


[36]      On  a  Person's  being  ckosen   Treasurer  of  a   Com- 
pany. 

Whereas  the  above  bound  A.  B.  is  chosen  treasurer  of  the 
company  of  ,  by  reason  whereof,  he  will  receive 

into  his  custody  divers  sums  of  money,  goods,  and  chattels, 
belonging  to  the  said  company  :  Now  the  condition  of  the 
above  written  obligation  is  such,  that  if  the  said  A.  B.,  his 
executors,  or  administrators,  at  the  end  of  his  said  office,  or 
upon  request  to  him  or  them  in  that  behalf  to  be  made,  shall 
make,  and  give  unto  such  auditor  or  auditors  as  on  that  be- 
half shall  be  appointed  by  the  said  company,  a  just  and  true 
account,  in  writing,  of  all  such  goods,  chattels,  money  or 
other  things,  as  have  or  shall,  during  his  said  appointment. 
come  to  his  hands,  custody,  or  charge,  in  right  of  his  said 
office  of  treasurer,  and  shall  upon  the  said  account  pay  and 
deliver  over  to  the  next  treasurer  of  the  said  company,  all 
such  money,  goods,  chattels,  and  movcables,  us  appear  to  be 
due  and  belonging  to  the  said  company;  then,  &c. 


obligees  are  usually  the  two  oldest  members, 
if  the  company  be  not  incorporated. 


142  BOND  —  CONDITION. 


[37]     From  the  master  of  a  Ship,  to  pay  the  «aJue  of  ichat 
goods  shall  be  proved  to  be  embezzled  on  board  the  Ship. 

Whereas  A.  B.,  of  ,  merchant,  did  at  , 

on  the  ,  ship  on  board  the  ship  Y.,  of  the  burthen 

of  about  tons,  whereof  the  above  bound  C.  D.  was 

master,  fifty  bags  of  coffee,  &c,  for  his  the  said  A.  B.'s  own 
proper  risk  and  account,  and  consigned  by  him  to  E.  F., 
of  Liverpool,  merchant,  as  by  the  bill  of  lading  thereof,  sign- 
ed by  the  said  C.  D.,  appears.  And  the  said  fifty  bags 
of  coffee,  &c,  duly  arrived  at  Liverpool,  and  were  delivered 
to  the  said  E.  F.  But  on  inspection  and  examination  there- 
of, it  appeared  to  the  said  E.  F.,  and  he  represented  to  the 
said  A.  B.  that  the  said  fifty  bags  of  coffee,  &c,  were  dimin- 
ished in  weight  and  quantity,  as  follows,  to  wit:  —  , 
which  diminution  the  said  A.  B.  alleges,  was  occasioned  by 
embezzlement  after  the  said  goods  were  delivered  to  said 
C.  D.,  and  before  he  delivered  them  to  said  E.  F.  Now 
therefore  the  condition  of  this  obligation  is  such,  that  if  the 
said  C.  D.  shall  well  and  truly  pay  to  the  said  A.  B.  on  de- 
mand, for  all  the  goods  as  aforesaid,  that  within  one  year 
from  the  date  hereof,  he  the  said  A.  B.  shall  prove,  or  clear- 
ly show,  were  so  delivered  on  board  the  said  ship  to  said  C. 
D.,  and  not  by  him  delivered  as  aforesaid  to  said  E.  F.,  at 
the  rate  of  the  invoice  price  thereof,  together  with 
per  cent  in  addition  thereto,  then,  &c;  otherwise,  &c. 


[38]  To  execute  an  Assignment. 

The  condition  of  this  obligation  is  such,  that  if  the  above 
bound  A.  B.  do  and  shall,  upon,  and  at  the  request  of  the 
said  C.  D.,  his  heirs  and  assigns,  on  or  before  the 
day  of  next  ensuing  the  date  above  written,  make, 

and  execute,  a  good  and  sufficient  assignment  in  law,  of  all 
such  estate  and  interest  as  he  the  said  A.  B.  has  in  the  lands 
and  tenements,  now  occupied  by  ,  situated  in  , 

and  bounded  as  follows,  to  wit:  ,  and  deliver  the  same 

unto  the  above  named  C.  D.,  his  heirs  and  assigns,  and  to 
such  uses  as  the  said  C.  D.  shall  appoint,  then,  &c  ;  other- 
wise, &c. 


BOND CONDITION".  143 


[39]      To  execute  and  deliver  the  Counterpart  of  a  Deed, 

[.#«  before  to  the  words,  l  date  above  written ']  make,  and 
execute  the  counterpart  of  one  deed  indented,  bearing  date 
the  day  of  ,  made  between  the  said  C.  D. 

of  the  one  part,  and  the  said  A.  B.  of  the  other  part:  and  the 
same,  so  made,  and  executed,  shall  in  the  presence  of  two  or 
more  credible  witnesses,  deliver  as  his  proper  act  and  deed 
to  the  said  C.  D.,  then,  &c;  otherwise,  &c. 


[40]     From  a  Lessee  and  a  Surety,  to  pay  rent  according 
to  the  Terms  of  a  Lease. 

Whereas  the  above  named  O.  P.,  by  an  indenture  of  leaser 
bearing  even  date  with,  and  executed  before  the  above  writ- 
ten obligation,  for  the  consideration  in  said  lease  mentioned, 
has  demised  and  leased  to  the  above  bound  A.  B.,  a  mes^ 
suage  or  tenement  situated  in  ,  described  as  follows: 

To  have  and  to  hold,  &c,  for  the  term  of 
years,  determinable  however  at  the  end  of  one  year  from  this 
date,  if  the  said  A.  B.  shall  choose  to  terminate  it  at  said 
time,  and  will  give  notice  of  such  his  intention  at  least  three 
months  before  the  end  of  said  one  year,  at  the  rent  of 
per  year,  payable  in  quarter-yearly  payments,  as  by  refer- 
ence to  said  indentures  of  lease  fully  appears.  Now  there- 
fore the  condition  of  this  obligation  is  such,  that  if  the  above 
bound  A.  B.  and  C.  D.,  or  either  of  them,  or  any  person 
on  their  behalf,  shall  well  and  truly  pay  to  said  O.  P.,  his 
executors,  administrators,  and  assigns,  all  the  rent  that  by 
force  of  said  indentures  shall  accrue,  for  said  tenement,  then 
this  obligation  shall  be  void.  But  if  default  shall  be  made 
in  the  payment  of  any  of  said  quarterly  sums  of  rent,  until  the 
termination  of  said  lease,  according  to  the  terms  thereof,  then 
this  obligation  shall  be  offeree. 

Note.  —  If  the  lessee  agrees  to  enlarge  the  time  of  pay- 
ment to  the  injury  of  the  surety,  without  his  consent,  the 
surety  will  be  no  longer  holden  —  but  mere  delay  in  calling 
for  the  rent  will  not  discharge  the  surety. 


144  BOND  —  CONDITION. 


[41]      To  permit  a  Wife  to  live  separate  from  her  Husband. 

Whereas  C.  B.,  wife  of  the  above  bound  A.  B.,  now 
lives  separate  and  apart  from  her  said  husband,  and  follows 
the  business  and  employment  of  making  and  vending,  &c, 
and  the  said  A.  B.  has  agreed  with  her  and  with  Y.  Z.,  the 
obligee  named  in  this  bond,   who  is  father  of  said  C.   B., 
that  she  shall  have  and  receive  to  her  own  separate  use 
and  benefit',  all  the  avails,  benefit,  or  earnings,  of  her  trade 
aforesaid,   and  all  the  fruits  of  her  industry,  however  the 
same  may  be  applied;  and  that  the  said  A.  B.  will  not  claim 
or  interfere  therewith,  nor  permit  any  other  person  to  claim 
or  interfere  therewith   on  his  account:  but  that  he  the  said 
A.  B.  will  permit  her  the  said  C.  B.  to  possess  and  enjoy 
separately  and  for  her  own  use  all  the  advantage  and  profits 
of  her  industry  as  aforesaid,  and  that  he  will  permit  her  to 
live  separately  and  apart  from  him,  without  any  molestation 
or  interruption  from  him,  so  long  as  his  person  or  property 
shall  not  be  seized  in  any  writ  of  execution  to  be  issued  oa 
any  judgment  to  be  had  on  any  debt  to  be  contracted  by  her. 
Now  the  condition  of  this  obligation  is  such,   that  if  the 
said  A.  B.  shall  and  will,  from  time  to  time,  and  at  all  times, 
during  the  natural  life  of  said  C.  B.  permit  her  to  live  sepa- 
rate and  apart  from  him,  without  any  molestation,  hindrance, 
or  disturbance,  to  be  done  or  permitted  by  him  or  on  his 
behalf,  lo  her  or  her  concerns;  —  and  to  take,  hold,  dispose 
of,  and  enjoy,  to  her  separate  use,  all  the  property,  profits, 
and  advantages,  which  she  may  derive  from  her  industry, 
enterprize,  dealings,  or  otherwise,  on  the  condition  of  the 
person  and  property  of  the  said  A.  B.   remaining  exempt 
from  seizure  on  execution  on  any  judgment  to  be   obtained 
on  any  debt  which  she,  the  said  C.  B.,  shall  hereafter  con- 
tract, then,  Stc  ;  otherwise,  &c. 


[42]     Of  a  common  Replevin  Bond,  given  to   the  officer 
holding  or  taking  the  goods  repkvied. 

The  condition  of  this  obligation  is  such,  that  whereas  the 
above  bound  A.  B.  has  this  day  sued  out  of  the  office  of 
the  clerk  of  the  Court  for  the  county  of  , 

and  state   of,  a  writ  of  replevin  against  the  said 


BOND CONDITION. 


145 


E.  F.,  for  ten  bales  of  cotton,  of  the  value  of  ,  now 

taken  and  attached  (or  detained)  in  the  hands  of  him  the 
said  E.  F.,  which  writ  is  returnable  to  the  said  Court  next 
to  be  holden  at  on  the 

Now  if  the  said  A.  B.  shall  enter  at  said  Court,  and  pro- 
secute his  said  writ  of  replevin  to  final  judgment;  and  pay 
such  damages  and  costs  as  the  said  E.  F.  shall  thereupon 
recover  against  him;  and  shall  also  restore  the  said  ten 
bales  of  cotton,  in  the  like  good  order  and  condition  in  which 
the  same  were  taken,  in  case  such  shall  be  the  final  judg- 
ment of  court  on  said  replevin  suit,  then,  &.c;  otherwise,  &c. 


[43]  Of  a  bond  for  Review. 

Whereas  at  the  Court,  holden  at  ,  with- 

in and  for,  Stc,  on,  &c,  the  said  E.  F.  recovered  judgment 
against  the  said  A.  JB.  for  the  sum  of  damages,  and 

costs  of  Court  taxed  at  .     And  thereafter  the  said 

Court,  at  its  term  holden  at  on  ,  upon  the 

petition  of  the  said  A.  B.,  and  after  a  hearing  thereon, 
granted  to  him  the  said  A.  B.,  a  writ  of  review  of  the  said 
action,  on  condition  that  he  should  give  a  bond  to  the  said 
E.  F-j  in  the  penal  sum  above  herein  named,  with  a  surety 
to  be/  approved  by  said  court,  conditioned  as  is  herein  after 
stated.  And  thereupon  the  above  bound  C.  D.  was  pro- 
posed as  surety  on  said  bond,  and  as  such  approved  by  said 
court,  Now  the  condition  of  this  obligation  is  such,  that  if 
the  above  bound  A.  B.  shall  sue  out  and  prosecute  to  ef- 
fect a  writ  of  review  of  the  action  on  wfeich  said  judgment 
was  rendered,  commencing  the  same  to  be  entered  at  the 
next  term  of  said  court  to  be  holden  at  ,  and 

shall  answer  and  pay  to  the  said  E.  F.,  the  sums  for  which 
judgment  was  rendered  as  aforesaid,  with  interest  thereon, 
at  and  after  the  rate  of  per  cent  per  annum,  with 

additional  damages  and  costs  (or  double  costs')  in  case  the 
said  former  judgment  shall  be  affirmed  in  full;  and  the  sum 
for  which  judgment  shall  be  rendered,  if  the  said  former 
judgment  shall  be  affirmed  in  part,  [if  the  judgment  be  on 
an  action  of  detinue  or  replevin,  say,  sliall  answer  and  pay 
all  such  damages  as  shall  be  recovered  Jor  the  detention, 
<3rc']  — or  if  the  former  judgment  shall  be  wholly  reversed 
and  annulled,  then,  &c;  otherwise,  &c. 
14 


146  BOND  —  CONDITION. 


[44]  For  restitution,  where  the  defendant  is  out  of  the 
State,  given  '  with  one  or  more  sujficuni  sureties  in  dou- 
ble the  estate  or  sum  recovered  by  such  judgment.' 

Mass.  Stat.  1797,  ch.  50,  sec.  5. 

The  condition  of  the  above  obligation  is  such,  that  where- 
as the  said  A.  B.  by  consideration  of  the  Justices  of  the 
Court  of  Common  Pleas,  holden  at  Boston,  within  and  for 
the  county  of  Suffolk,  on  the  first  Tuesday  of  April,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
two,  recovered  judgment  against  the  said  E.  F.,  for  the 
sum  of  five  hundred  dollars  damages,  and  costs  of  suit 
taxed  at  ten  dollars.  Now  if  the  said  A.  B.  shall  make 
restitution  of,  and  refund  and  pay  back  to  the  said  E.  F. , 
such  sum  as  shall  be  given  in  damages,  or  so  much  as  shall 
be  recovered  on  a  suit  therefor,  to  be  brought  within  one 
year  next  after  the  entering  up  of  the  said  judgment,  if  upon 
such  suit  the  said  judgment  shall  be  reversed,  annulled,  or 
altered,  (the  security  to  be  no  further  answerable  than  for 
the  recovery  that  shall  be  had  on  a  suit  to  be  commenced 
icithin  one  year  as  aforesaid,)  then,  &c;  otherwise,  &c. 


[45]         That  a  Person  when  of  Age  shall  convey. 

Whereas  E.  D.,  of,  &c,  deceased,  by  his  last  will  and 
testament,  in  writing,  dated  the  day  of  , 

and  regularly  proved,  approved,  and  allowed,  in  the  Probate 
Court  for  the  county  of  ,  on  the  day  of 

,  did  among  other  things  give,  devise,  and  be- 
queath, all  that  messuage  or  tenement  situated  at  , 
described  as  follows,  to  wit :  ,  which  was  then  in 
the  occupation  of  his  brother,  C.  D.,  to  be  divided  equally 
between  his  two  sons,  A.  D.  and  B.  D.,  their  heirs  and  as- 
signs ;  and  whereas  O.  P.,  the  above  named  obligee,  has 
agreed  with  the  said  A.  D.  and  B.  D.  for  the  absolute  pur- 
chase of  the  tenement  and  premises,  so  devised  to  them  as 
aforesaid,  at  and  for  the  sum  of  .  But  the  said 
B.  D.,  not  being  yet  of  the  age  of  twenty-one  years,  cannot 
join  in  conveying  the  same  to  the  said  O.  P. ;  and  whereas 
the  said  O.  P.  has,  at  the  request  of  the  above  bound  A.  D., 


BOND  —  CONDITION.  147 

and  on  his  promise  and  undertaking  that  the  said  JB.  D. 
should,  when,  and  as  soon  as  he  shall  have  attained  the 
age  of  twenty-one  .years,  at  the  cost  and  charge  of  the  said 
O.  P.,  convey  and  assure  to  him  the  said  O.  P.,  his  heirs 
and  assigns,  his  undivided  moiety  or  half  part  of  the  said 
messuage  or  tenement  and  premises,  paid  into  the  hands  of 
the  said  A.  D.  the  whole  of  the  said  purchase  money,  and 
the  said  A.  D.  has,  by  his  deed  of  even  date  herewith,  duly 
made,  sealed,  acknowledged,  and  delivered,  conveyed  his 
undivided  moiety  or  half  part  of  said  messuage  or  tenement 
and  premises,  to  the  said  O.  P.,  his  heirs  and  assigns. 
Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
B.  D.  do  and  shall,  when  and  as  soon  as  he  shall  have  at- 
tained the  age  of  twenty-one  years,  at  the  cost  and  charge 
of  the  said  O.  P.,  convey  and  assure  unto  him  the  said  O. 
P.,  his  heirs  and  assigns,  by  such  deeds  and  conveyances 
as  the  counsel  of  the  said  O.  P.  shall  advise,  his  undivided 
moiety  or  half  part  of  and  in  the  said  messuage  or  tenement 
and  premises,  devised  to  him  and  the  said  A.  B.  as  afore- 
said, and  that  without  any  consideration  to  be  paid  to  him  by 
the  said  O.  P.;  —  and  also,  if.  and  in  case  the  said  A.  D., 
his  heirs,  executors,  and  administrators,  do  and  shall,  in  the 
mean  time,  and  until  the  said  B.  D.  shall  have  executed 
such  conveyance  as  aforesaid,  save,  defend,  keep  harmless 
and  indemnified  the  said  O.  P.,  his  heirs,  executors,  admin- 
istrators, and  assigns,  and  the  said  messuage  or  tenement 
and  premises,  so  to  be  conveyed  by  the  said  B.  D.  to  the 
said  O.  P.  as  aforesaid,  and  the  rents,  issues,  and  profits 
thereof,  of  and  from  all  claim  and  demand  to  be  made  there- 
to, by  or  on  behalf  of  the  said  B.  D.,  then,  &c  ;  other- 
wise, &c. 


[46]     Conditioned  to  Maintain  a  Person  during  Life. 

The  condition  of  this  obligation  is  such,  that  whereas  the 
above  bound  A.  B.,  for  and  in  consideration  of  the  sum  of 
,  to  him  paid  by  the  above  named  E.  F.,  has 
agreed  and  undertaken  to  keep  and  maintain  the  said  E.  F., 
during  the  whole  time  of  his  the  said  E.  F.'s  natural  life. 
Now  if,  therefore,  the  said  A.  B.  his  executors  and  adminis- 
trators, shall  from  time  to  time,  and  at  all  times  hereafter 


148  BOND CONDITION. 

during  the  natural  life  of  the  said  E.  F.,  well  and  truly 
maintain,  support  and  keep,  or  cause  to  be  well  maintained, 
supported  and  kept  the  said  E.  F.  in  the  dwelling  house  of 
him,  the  said  A.  B.,  with  suitable  meat,  drink,  clothes,  lodg- 
ing, and  all  other  things  necessary  and  convenient  for  his 
sustenance  and  comfort,  then,  &c  ;  otherwise,  &c. 


[47]     Conditioned  to  Marry,  or  pay  a  Sum  of  Money. 

The  condition  of  this  obligation  is  such,  that  if  the  above 
bound  A.  B.  shall  and  do,  on  or  before  the  day  of 

,  espouse  and  marry,  or  offer  and  be  ready  to  espouse 
and  marry,  and  take  as  his  lawful  wife,  E.  D.,  daughter  of 
the  said  C.  D.,  if  the  said  E.  D.  will  thereunto  assent,  and 
the  laws  of  this  State  will  permit  the  same  ;  or  if  it  shall  so 
happen  that  the  said  A.  B.  will  not  espouse  and  marry  and 
take  to  wife  the  said  E.  D.,  or  offer  and  be  ready  so  to  do, 
within  the  time  aforesaid,  then  if  the  said  A.  B.  shall  and 
will  well  and  truly  pay  to  the  said  E.  D.,  the  sum  of  , 

on  or  before  the  day  of  ,  next  ensuing,  then, 

&.c;  otherwise,  &c. 


[48]      To  indemnify  and  save  harmless  for  paying  Rents, 
where  the  Title  is  in  question. 

The  condition  of  this  obligation  is  such,  that  whereas 
there  is  a  suit  depending  between  the  above  bound  A.  B. 
and  other  persons,  touching  the  right,  title,  and  property,  of 
the  dwelling  house,  &.c,  situated  in  ,  which  was 

leased  by  the  said  A.  B.  as  his  own  property  to  the  said  C. 
D.;  and  the  said  C.  D.  has  paid,  or  agreed  to  pay  to  the 
said  A.  B.,  all  the  rent  for  said  dwelling  house,  which  in 
and  by  the  lease  thereof  by  said  A.  B.  to  said  C.  D.  was 
reserved,  which  rent  so  paid,  and  to  be  paid,  by  said  C.  D., 
amounts  to  the  sum  of  .  Now  if  the  said  A.  B. 

shall  indemnify  and  save  harmless  the  said  C.  D.  and  his 
legal  representatives,  and  reimburse,  protect,  indemnify,  and 
relieve  him  and  them  from  and  against  all  damages,  costs, 
and  trouble  arising  from,  or  in  respect  of  any,  and  all 


BOND CONDITION.  149 

claims  and  demands  for  rent  for  said  dwelling  house  from 
any,  and  all  persons  other  than  the  said  A.  B.  and  his  legal 
representatives,  then,  &c;  otherwise,  &c. 


[49]  By  a  Collector  of  Taxes. 

The  condition  of  this  obligation  is  such,  That  whereas  the 
said  A.  B.  has  been  elected  by  the  inhabitants  of 
collector  of  the  taxes  assessed  and  to  be  assessed,  in,  by, 
and  upon  said  town,  and  the  inhabitants  thereof,  for  and 
within  the  year  next  ensuing  his  election  to  said  office, 
which  was  in  last, — and  the  said  A.  B.  has  ac- 

cepted the  said  office:  and  lists  of  assessments  on  the  polls 
and  estates  of  the  inhabitants  of  said  town  for  the  state,  town 
and  county  taxes,  amounting  to  the  sum  of  have  been 

by  the  assessors  of  said  town,  committed  to  said  A.  B.  for 
collection,  on  warrants  under  the  hands  and  seals  of  said 
assessors,  and  other  such  lists  of  assessments  may  be  so 
committed  to  him  the  said  A.  B.  during  the  said  year.  Now 
therefore  if  the  said  A.  B.  shall  and  do,  with  diligence  and 
fidelity,  levy  and  collect,  as  far  as  may  be  done,  all  the  taxes 
that  have  been  or  may  be  so  committed  to  him  for  collection, 
within  the  term  of  his  said  office, —  and  if  he  shall  at  all 
times,  on  proper  demand,  render  his  account,  and  pay  over 
all  the  proceeds  of  such  collections,  according  to  the  direc- 
tions in  said  warrants  contained,  then,  &c,  otherwise,  &c. 


[50]  Of  a  Bottomi-y  Bond. 

Whereas  the  above  bound  A.  B.  has  taken  up  and  re- 
ceived of  the  said  E.  F.  the  full  and  just  sum  of  five  thous- 
and dollars,  which  sum  is  to  run  at  respondentia  on  the 
block  and  freight  of  the  ship  Exeter,  whereof  the  said  A.  B. 
is  now  master,  from  the  port  or  road  of  Bombay,  on  a  voy- 
age to  the  port  of  Boston,  having  permission  to  touch,  stay 
at,  and  proceed  to  all  ports  and  places  within  the  limits  of 
the  voyage,  at  the  rate  or  premium  of  twenty-five  per  cent 
for  the  voyage,  in  consideration  whereof,  usual  risks  of 
the  seas,  rivers,  enemies,  fires,  pirates,  &c,  are  to  be  on 
14* 


150  BOND CONDITION. 

account  of  the  said  E.  F.  And  for  the  further  security  of 
the  said  E.  F.  the  said  A.  B.  does  by  these  presents  mort- 
gage and  assign  over  to  the  said  E.  F.  his  executors,  ad- 
ministrators and  assigns,  the  said  ship  Exeter,  and  her 
freight,  together  with  all  her  tackle,  apparel,  &c.  And  it 
is  hereby  declared  that  the  said  ship  Exeter,  and  her  freight, 
are  thus  assigned  over  for  the  security  of  the  respondentia 
taken  up  by  the  said  A.  B.,  and  shall  be  delivered  to  no 
other  use  or  purpose  whatever,  until  payment  of  this  bond  is 
first  made,  with  the  premium  that  may  become  due  thereon. 
Now  the  condition  of  this  obligation  is  such,  That  if  the 
above  bound  A.  B.  his  executors,  or  administrators,  shall 
and  do,  well  and  truly  pay,  or  cause  to  be  paid,  unto  the 
said  E.  F.  his  executors,  administrators,  or  assigns,  the  full 
and  just  sum  of  five  thousand  dollars,  being  the  principal  of 
this  bond,  together  with  the  premium  which  shall  become 
due  thereupon,  at  or  before  the  expiration  of  ninety  days 
after  the  safe  arrival  of  the  said  ship  Exeter,  at  her  moorings 
in  the  port  of  Boston,  or  in  case  of  the  loss  of  the  said  ship 
Exeter,  such  an  average  as  by  custom  shall  have  become- 
due  on  the  salvage,  then  this  obligation  toJ^void  and  of  no 
effect,  otherwise  to  remain  in  full  force  'and  virtue  ;  hav- 
ing signed  to  three  bonds  of  the  same  tenor  and  date,  the 
one  of  which  being  accomplished,  the  other  two  to  be  void 
and  of  no  effect. 


[51]  Of  a  Respondenlia  Bond. 

Whereas  the  above  mamed  E.  F.  has,  on  the  day  of  the 
date  above  written,  advanced  and  loaned  unto  the  said  A.  B. 
and  C.  D.  the  sum  of  five  thousand  dollars,  upon  the  goods, 
merchandizes  and  effects,  laden  and  to  be  laden  on  board 
the  good  ship  or  vessel  called  the  Belvidere,  of  the  burden 
of  300  tons  or  thereabouts,  now  riding  at  anchor  in  the 
harbour  of  Boston,  outward  bound  to  China,  or  elsewhere, 
and  whereof  the  said  A.  B.  is  commander. 

Now  the  condition  of  this  obligation  is  such,  that  if  the 
said  ship  or  vessel  do  and  shall  with  all  convenient  speed 
proceed  and  sail  from  and  out  of  the  said  port  of  Boston,  on 
a  voyage  to  any  port  or  place,  ports  or  places,  in  the  East 
Indies,  China,  Persia,  or  elsewhere  beyond  the  Cape  of 


BOND CONDITION.  151 

Good  Hope,  and  from  thence  do  and  shall  sail,  return  and 
come  back  into  the  said  port  of  Boston,  at  or  before  the  end 
of  thirty-six  calendar  months,  to  be  accounted  from  the  day 
of  the  date  above  written,  and  there  to  end  her  said  intend- 
ed voyage  (the  dangers  and  casualties  of  the  seas  excepted) ; 
and  if  the  said  A.  B.  and  C.  D.  or  either  of  them,  their  or 
either  of  their  heirs,  executors,  or  administrators,  do  and 
shall  within  thirty  days  next  after  the  said  ship  or  vessel 
shall  be  arrived  at  her  moorings  in  the  said  port  of  Boston, 
from  her  said  intended  voyage,  or  at  or  upon  the  end  and 
expiration  of  the  thirty-six  calendar  months,  to  be  account- 
ed as  aforesaid  (which  of  the  said  times  shall  first  and  next 
happen),  well  and  truly  pay  or  cause  to  be  paid  unto  the 
said  E.  F.  his  executors,  administrators,  or  assigns,  the  full 
sum  of  six  thousand  eight  hundred  dollars,  together  with 
fifty  dollars  per  calendar  month  for  each  and  every  calendar 
month,  and  so  proportionally  for  a  greater  or  a  lesser  time 
than  a  calendar  month,  for  all  such  time  and  so  many  calen- 
dar months  as  shall  be  elapsed  and  run  out  of  the  said 
thirty-six  calendar  months  over  and  above  twenty  calendar 
months,  to  be  accounted  from  the  day  of  the  date  above  writ- 
ten ;  or  if  in  the  said  voyage,  and  within  the  said  thirty-six 
calendar  months  to  be  accounted  as  aforesaid,  an  utter  loss 
of  the  said  ship  or  vessel  by  fire,  enemies,  men  of  war,  or 
any  other  casualties  shall  unavoidably  happen,  and  the  said 
A.  B.  and  C.  D.,  their  heirs,  executors,  or  administrators, 
do  and  shall  within  six  calendar  months  next  after  such  loss 
well  and  truly  account  for  (upon  oath  if  required)  and  pay 
unto  the  said  E.  F.  his  executors,  administrators,  or  as- 
signs, a  just  and  proportionable  average  on  all  the  goods- 
and  effects  of  the  said  A.  B.  carried  from  Boston  on  board 
the  said  ship  or  vessel,  and  the  net  proceeds  thereof,  and  on 
all  other  goods  and  effects  which  the  said  A.  B.  shall  ac- 
quire during  the  said  voyage  for  or  by  reason  of  such  goods, 
merchandizes  and  effects,  and  which  shall  not  be  unavoida- 
bly lost,  then  the  above  written  obligation  to  be  void  and  of 
no  effect,  else  to  stand  in  full  force  and  virtue. 


152  BOND CONDITION. 


[52]  For  the  Payment  of  an  Annuity. 

Whereas  the  above  bound  A.  B.  on  the  day  of  the  date 
of  the  above  written  obligation  has  had  and  received  to  his 
own  use,  of  and  from  the  above  named  C.  D.  the  sum  of 
the  receipt  whereof  is  hereby  acknowledged,  in 
consideration  whereof  the  said  A.  B.  has  agreed  to  pay  the 
said  C.  D.  an  annuity  or  clear  yearly  sum  of  for 

and  during  his  natural  life,  to  be  paid  in  the  manner  herein- 
after  mentioned  ;  Now  the  condition  of  this  obligation  is 
such,  that  if  the  above  bound  A.  B.  his  heirs,  executors 
and  administrators,  or  any  of  them,  do  and  shall  yearly,  and 
every  year  during  the  natural  life  of  the  said  C.  D.  well 
and  truly  pay  or  cause  to  be  paid  to  him  the  said  C.  D.  or 
his  assigns,  the  clear  yearly  sum  of  in  quarter 

yearly  payments  of  each,  payable  on  the  first  days  of 

each  and  every  January,  April,  July,  and  October,  in  each 
and  every  year  which  shall  occur  during  the  natural  life  of 
the  said  C.  D.  then  this  obligation  shall  be  void  : — but  if 
default  be  made  in  any  of  said  quarter  yearly  payments  or 
any  part  of  them,  then  the  same  shall  remain  and  be  in  full 
force  and  virtue. 


[53]          By  a  person  authorized  to  collect  debts. 

Whereas  the  above  named  E.  F.  the  obligee  in  this  bond, 
by  his  letter  of  attorney  bearing  even  date  herewith,  consti- 
tuted and  appointed  the  above  bound  A.  B.  his  attorney, 
in  his  name  to  demand,  ask  and  sue  for,  recover  and  re- 
ceive, all  and  singular  the  effects,  sums  of  money,  debts 
and  demands,  belonging  or  due  to  the  said  E.  F.  from  any 
and  all  persons ;  and  the  same  concerning  to  do  all  neces- 
sary acts,  matters  and  things,  as  in  and  by  said  letter  of 
attorney  is  provided.  And  the  above  bound  C.  D.  has 
agreed  to  be  surety  for  the  fidelity  of  said  A.  B.  in  the 
premises.  Now  the  condition  of  this  obligation  is  such,  that 
if  the  said  A .  B.  shall  with  diligence  and  fidelity  exercise 
the  trust  and  authority  committed  to  him  in  and  by  said  letter 
of  attorney,  so  long  as  the  same  shall  remain  in  force  ;  and 
if  the  said  A.  B.  his  executors  and  administrators,  shall  at 


COMPOSITION.  153 

all  times,  on  demand,  faithfully  account  to  said  E.  F.  his 
executors,  administrators  and  assigns,  in  the  premises,  and 
pay  and  deliver  over  to  him  and  them  all  and  singular  the 
money  and  other  things  that  shall  be  received  under  and  by 
force  of  said  letter  of  attorney,  then  this  obligation  shall  be 
void,  otherwise  of  force. 


COMPOSITION. 

JVith  Creditors. 

To  all  to  whom  these  presents  shall  come  :  We  whose 
names  are  hereunder  written,  and  seals  affixed,  creditors  of 
A.  B.  of,  &c,  send  greeting  :  Whereas  the  said  A.  B.  does 
justly  owe,  and  is  indebted  unto  us,  his  said  several  creditors, 
in  divers  sums  of  money  ;  but  by  reason  of  many  losses,  dis- 
appointments, and  other  damages  happened  unto  the  said 
A.  B.  he  is  become  unable  to  pay  and  satisfy  us  our  full 
debts  and  just  claims  and  demands,  and  therefore  we  the 
said  creditors  have  resolved,  and  agree  to  undergo  a  certain 
loss,  and  to  accept  of  twenty-five  cents  for  every  dollar 
owing  by  the  said  A.  B.  to  us  the  several  and  respective 
creditors  aforesaid,  to  be  paid  in  full  satisfaction  and  dis- 
charge of  our  several  and  respective  debts  :  Now  know  ye, 
that  we  the  said  creditors  of  the  said  A.  B.  do  for  ourselves 
severally  and  respectively,  and  for  our  several  and  respec- 
tive heirs,  executors,  and  administrators,  covenant,  promise, 
compound,  and  agree,  to  and  with  the  said  A.  B.  by  these 
presents,  that  we  the  said  several  and  respective  creditors, 
shall  and  will  accept,  receive,  and  take,  of  and  from  the  said 
A.  B.  for  each  and  every  dollar  that  the  said  A.  B.  does 
owe  and  is  indebted  to  us  the  said  several  and  respective 
creditors,  the  sum  of  twenty-five  cents  in  full  discharge  and 
satisfaction  of  the  several  debts  and  sums  of  money  that  the 
said  A.  B.  does  owe  and  stand  indebted  unto  us  the  said 
several  and  respective  creditors,  to  be  paid  unto  us  the  said 
several  and  respective  creditors,  within  the  time  or  space  of  six 
months  next  after  the  date  of  these  presents  :  And  we  the  said 
several  and  respective  creditors,  do  severally  and  respective- 
ly, covenant,  promise,  and  agree,  to  and  with  the  said  A.  B., 
that  he  the  said  A.  B.  shall  and  may  from  time  to  time>  and 


154  CONDITIONS    (OF    SALE.) 

at  all  times  within  the  said  time  or  space  of  six  months  next 
ensuing  the  date  hereof,  assign,  sell,  or  otherwise  dispose  of 
all  his  goods  and  chattels,  wares,  and  merchandizes,  at  his 
own  free  will  and  pleasure,  for  and  towards  payment  and  sat- 
isfaction of  the  said  twenty -five  cents  for  every  dollar  the 
said  A.  B.  does  owe  and  is  indebted  as  aforesaid,  unto  us  the 
said  respective  creditors:  And  that  neither  we  the  said  several 
and  respective  creditors,  nor  any  of  us,  shall  or  will,  at  any 
time  or  times  hereafter,  sue,  arrest,  molest,  or  trouble  the 
said  A.  B.  or  his  goods  and  chattels,  for  any  debt  or  other 
thing  now  due  and  owing  to  us,  or  any  of  us  his  respective 
creditors  aforesaid  ;  so  as  the  said  A.  B.  do  as  well  and 
truly  pay  or  cause  to  be  paid  unto  us,  his  said  several  and 
respective  creditors,  the  said  sum  of  twenty-five  cents  for 
every  dollar  he  does  owe  and  stand  indebted  unto  us  respec- 
tively, within  the  said  time  or  space  of  six  months  next 
ensuing  the  date  hereof.  And  all  and  every  of  the  grants, 
covenants,  agreements,  and  conditions  herein  contained  shall 
extend  to  and  bind  our  several  executors,  administrators,  and 
assigns  as  well  as  ourselves.  In  witness  whereof,  we  the 
said  several  creditors  of  said  A.  B.  have  hereunto  set  our 
hands  and  seals  this  day  of,  &c. 


CONDITIONS  (OF  SALE).* 

I.  That  the  highest  bidder  shall  be  the  buyer  :  and  if  any 
dispute  arise  as  to  the  last  or  best  bidder,  the  lot  in  dispute 
shall  be  put  up  at  a  former  bidding. 

II.  That  no  person  shall  advance  less  at  any  bidding  than 
—  [or  than  suck  sum  as  shall  be  named  by  the  auctioneer  at 
the  time]  or  retract  his  or  her  bidding-! 

*  If  printed  conditions  are  posted  up  in  the  auction  room,  where 
they  may  be  seen,  they  will  be  binding  on  the  purchaser,  although  he 
did  not  see  them.  3  Esp.  Ca.  271.  But  it  is  the  surest  way  to  read 
the  conditions  aloud,  before  sale. 

'  A  bidding  .it  a  sale  by  auction,  may  be  countermanded  at  any 
time  before  the  lot  is  actually  knocked  down  :  (3  Term  Rep.  148,) 
because  the  assent  of  both  parties  is  necessary  to  make  the  contract 
binding  ;  which  is  signified,  on  the  part  of  the  seller,  by  knocking 
down  the  hammer.  Every  bidding  is  nothing  more  than  an  offer  on 
one  side,  which  is  not  binding  on  either  side  till  it  is  assented  to.  If 
a  bidding  were  binding  on  the  bidder,  before  the  hammer  is  down,  he 


CONDITIONS  (OF    SALE.)  155 

III.  That  every  purchaser  shall  immediately  pay  down  a 
deposit  in  the  proportion  of  for  every  one  hundred 
dollars,  of  his  or  her  purchase-money,  into  the  hands  of  the 
auctioneer,  [or  agent  of  the  vendor;]  and  sign  an  agreement 
for  payment  of  the  remainder  to  the  proprietor,  on  the 

day  of  next,  at  ,  at  which  time  and  place  the 

purchases  are  to  be  completed,  and  the  respective  purchasers 
are  then  to  have  the  actual  possession  of  their  respective 
lots;  all  outgoings  to  that  time  being  cleared  by  the  vendor. 

IV.  That  within  three  days  from  the  day  of  the  sale,  the 
vendor  shall,  at  his  own  expense,  prepare  and  deliver  an 
abstract  of  his  title,  to  each  purchaser,  or  his  or  her  attor- 
ney; and  shall  deduce  a  good  title*  to  the  lots  sold. 

V.  That  upon  payment  of  the  remainder  of  the  purchase 
money  at  the  time  above  mentioned,  the  vendor  shall  con- 
vey the  lots  to  the  respective  purchasers :  each  purchaser,  at 
his  or  her  own  expense,  to  prepare  the  conveyance  to  him 
or  her  ;  and  to  tender  or  leave  the  same  at  for  execu- 
tion by  the  vendor. 

VI.  That  if  any  of  the  purchasers  shall  neglect  or  fail  to 
comply  with  the  above  conditions,  his  or  her  deposit-money 
shall  be  actually  forfeited  to  the  vendor,  who  shall  be  at  full 
liberty  to  re-sell  the  lot  or  lots  bought  by  him  or  her,  either 
by  public  auction,    or  private  contract;  and  the  deficiency 
(if  any)  occasioned  by  such  second  sale,  together  with  all 
expenses  attending  the  same,   shall  immediately  after    the 
same  sale,  be  made  good  to  the  vendor  by  the  defaulter,! 

would  be  bound  by  his  offer,  and  the  vendor  would  not,  which  can 
never  be  allowed.  It  is  therefore  advisable  to  stipulate  in  the  condi- 
tions of  sale,  that  no  person  shall  retract  his  bidding  ;  as  the  counter- 
mand of  a  bidding  might,  in  some  cases  be  of  the  most  serious  conse- 
quences. See  Sugden,  25. 

*  Where  the  estate  is  leasehold,  and  the  vendor  cannot  produce 
the  lessor's  title,  this  condition  should  go  on  thus  ; '  to  the  lease  grant- 
ed of  the  premises  ;  but  the  purchaser  shall  not  be  entitled  to  require, 
or  call  for  the  title  of  the  lessor.' 

t  This  condition  should  never  be  omitted  —  it  forms  a  lien  on  the 
estate  for  the  purchase  money,  &c,  and  if  the  purchaser  do  not  com- 
ply with  the  conditions,  the  vendor  may,  by  virtue  of  this  stipulation, 
re-sell  the  estate,  and  recover  the  deficiency  and  charges  from  the 
purchaser :  and  if  the  money  produced  by  the  second  sale  exceed  the 
original  purchase  money,  the  purchaser  who  has  violated  the  agree- 
ment will  not  be  entitled  to  the  surplus  ;  but  the  vendor  himself  will 
be  entitled  to  retain  it.  —  Sugden,  25. 


156  COPARTNERSHIP. 

at  this  present  sale  :  and  in  case  of  the  non-payment  of  the 
same,  the  whole  thereof  shall  be  recoverable  by  the  vendor, 
as  and  for  liquidated  damages. 

Lastly.  That  if  any  mistake  be  made  in  the  description 
of  the  premises,  or  any  other  error  whatever  shall  appear  in 
the  particulars  of  the  estate,  such  mistake  or  error  shall  not 
annul  the  sale:  but  a  compensation  or  equivalent,  shall  be 
given  or  taken,  as  the  case  may  require. 


CONVEYANCE. 

This  term,  in  its  general  sense,  means  an  instrument 
which  passes  the  title  from  real  estate  from  one  person  to 
another. 

At  common  law  formerly  the  forms  of  conveyance  were 
numerous,  each  requiring  much  technical  accuracy.  They 
were, 

FEOFFMENT, —  LEASE  AND  RELEASE,  —  BARGAIN  AND 
SALE,  —  FINE  AND  RECOVERY,  —  GIFT, —  GRANT,  — 
SURRENDER,  and  many  other  forms. 

In  later  times  the  modes  of  conveyance  are  rendered 
comparatively  simple.  All  that  seems  now  necessary  may 
be  found  under  the  terms, 

ASSIGNMENT,  —  DEED,  —  LEASE,  —  MORTGAGE, —  and 
WILL. 


COPARTNERSHIP. 

[1]     Article!  of  Copartnership  between  two    Tradeimen. 

Articles  of  Agreement,  &c.  The  said  A.  B.  and  C.  D. 
have  agreed,  and  by  these  presents  do  agree,  to  become  co- 
partners together  in  the  art  or  trade  of  painting,  and  all 
things  thereto  belonging,  and  also  in  buying,  selling,  vend- 
ing, and  retailing  all  sorts  of  wares,  goods,  and  commodities, 
belonging  to  the  said  trade  of  painting;  which  said  copart- 
nership it  is  agreed  shall  continue  from  ,  for  and  dur- 
ing, and  unto  the  full  end  and  term  of  ten  years,  from 
thence  next  ensuing,  and  fully  to  be  completed  and  ended. 


COPARTNERSHIP.  157 

And  to  that  end  and  purpose,  he  the  said  A.  B.  has  the  day 
of  the  date  of  these  presents  delivered  in  as  stock,  the  sum 
of  ,  and  the  said  C.  D.  the  sum  of  ,  to  be  used, 

laid  out,  and  employed,  in  common  between  them,  for  the 
management  of  the  said  trade  of  painting,  to  their  utmost 
benefit  and  advantage.  And  it  is  hereby  agreed  between 
the  said  parties,  and  the  said  copartners  each  for  himself 
respectively,  and  for  his  own  particular  part,  and  for  his 
respective  executors  and  administrators,  does  covenant, 
promise,  and  agree,  each  with  the  other  of  them,  his  re- 
spective executors  and  administrators,  by  these  presents,  in 
manner  and  form  following,  that  is  to  say: 

That  the  said  copartners  shall  not  nor  will  not  at  any 
time  hereafter,  nor  shall  either  of  them  use,  exercise,  or 
follow,  the  trade  of  painting  aforesaid,  or  any  other  trade 
whatsoever,  during  the  said  term,  to  their  private  benefit 
and  advantage  ;  but  shall  and  will,  from  time  to  time,  and  at 
all  times  during  the  said  term,  (if  they  shall  so  long  live,) 
do  their,  and  each  of  their  best  and  utmost  endeavours,  in 
and  by  all  means  possible  to  the  utmost  of  their  skill  and 
power,  for  their  joint  interest,  profit,  benefit,  and  advantage: 
and  truly  employ,  buy,  sell,  and  merchandize,  with  the  stock 
as  aforesaid,  and  the  increase  thereof  in  the  trade  of  painting 
aforesaid,  without  any  sinister  intention  or  fraudulent  endea- 
vours whatsoever.  And  also,  that  they,  the  said  copartners 
shall  and  will,  from  time  to  time,  and  at  all  times  hereafter, 
during  the  said  term,  pay,  bear,  and  discharge,  equally  be- 
tween them,  the  rent  of  the  shop,  which  they  the  said  co- 
partners shall  rent  or  hire  for  the  joint  exercising  or  manag- 
ing the  trade  aforesaid  and  all  other  reasonable  expenses 
incident  to  their  business.  And  that  all  such  net  gain,  profit, 
and  increase  that  shall  come,  or  arise,  for  or  by  reason  of  the 
said  trade  or  joint  business  as  aforesaid,  shall  be  from  time 
to  time  during  the  said  term,  equally  and  proportion  ably  di- 
vided between  them  the  said  copartners.  And  also,  that  all 
such  losses  as  shall  happen  in  the  said  joint  trade,  by  bad 
debts,  ill  commodities  or  otherwise,  without  fraud  or  covin, 
shall  be  paid  and  borne  equally  and  proportionably  between 
them.  And  further,  it  is  agreed  by  and  between  the  said 
copartners,  that  there  shall  be  had  and  kept  from  time  to 
time,  and  at  all  times  during  the  said  term  and  joint  business 
and  copartnership  together  as  aforesaid,  perfect,  just,  and 
15 


158  COPARTNERSHIP. 

true  books  of  accounts,  wherein  each  of  the  said  copartners 
shall  duly  enter  and  set  down,  as  well  all  money  by  him  re- 
ceived, paid,  expended,  and  laid  out,  in  and  about  the  man- 
agement of  the  said  trade,  as  also  all  wares,  goods,  and 
merchandizes,  by  them  or  either  of  them,  bought  and  sold 
by  reason  or  means,  or  upon  account  of  the  said  copartner- 
ship, and  all  other  matters  and  things  whatsoever  to  the  said 
joint  trade,  and  the  management  thereof  in  any  wise  apper- 
taining, which  said  books  shall  be  used  in  common  between 
the  said  copartners,  so  that  either  of  them  may  have  free 
access  thereto  without  any  interruption  of  the  other.  And 
also,  that  they  the  said  copartners,  once  in  three  months,  or 
oftener  if  need  shall  require,  upon  the  reasonable  request  of 
one  of  them,  shall  make,  yield,  and  reVider  each  to  the  other, 
or  to  the  executors  and  administrators  of  each  other,  a  true, 
just,  and  perfect  account  of  all  profits  and  increase,  by  them, 
or  either  of  them  made,  and  of  all  losses  by  them  or  either 
of  them  sustained,  and  also,  of  all  payments,  receipts,  dis- 
bursements, and  all  other  things  whatsoever,  by  them  made, 
received,  disbursed,  or  suffered,  in  the  said  copartnership, 
and  joint  business  as  aforesaid  ;  and  the  same  account  so 
made,  shall  and  will  clear,  adjust,  pay,  and  deliver,  each 
unto  the  other  at  the  time  of  making  such  account,  their 
equal  shares  of  the  profits  so  made  as  aforesaid:  And  at  the 
end  of  the  said  term  of  ten  years,  or  other  sooner  determina- 
tion of  these  presents  (be  it  by  the  death  of  one  of  the  said 
partners  or  otherwise)  they  the  said  co-partners,  each  to  the 
other,  or  in  case  of  the  death  of  either  of  them  the  surviving 
party,  to  the  executors  or  administrators  of  the  party  de- 
ceased, shall  and  will  make  a  true,  just,  and  final  account 
of  all  things  as  aforesaid,  and  divide  the  profits  aforesaid, 
and  in  all  things  well  and  truly  adjust  the  same,  and  that 
also  upon  the  making  of  such  final  account,  all  the  stock, 
as  well  as  the  gains  and  increase  thereof,  which  shall  appear 
to  be  remaining,  whether  consisting  of  money,  wares,  debts, 
&c,  shall  be  equally  parted  and  divided  between  them,  the 
said  copartners,  their  executors  or  administrators. 
In  witness,  &c. 


COPARTNERSHIP.  1 69 


[2]     Articles  of  Copartnership  between  Merchants  or  Tra- 
ders. 

This  Indenture,  made  this  first  day  of  March  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-two, 
by  and  between  A.  B.  of  ,  and  C.  D.  of 

witnesses  :  That  the  said  A.  B.  and  C.  D.  have  agreed  to 
enter  into  a  copartnership  and  become  copartners,  and  they 
do  hereby  become  copartners  and  a  firm  in  the  general 
business  of  merchandizing,  and  transacting  the  business  of 
merchants,  and  conducting  mercantile  enterprizes  (or  in 
managing  the  business  of  retail  grocers  or  buying  and  selling 
at  retail)  dry  goods,  or  fancy  goods,  fyc,  as  the  case  may  be. ) 
And  the  terms  and  conditions  on  which  this  copartnership  is 
formed  are  as  follows  : 

The  transactions  of  this  copartnership  shall  be  held  at 
such  place  as  the  copartners  may  agree  in  or  in  any 

other  place  or  places,  as  the  copartners  shall  hereafter  agree. 
The  name  of  the  firm  shall  be  ,  and  this  copartner- 

ship shall  continue  for  the  term  of  five  years,  subject,  how- 
ever, to  be  sooner  terminated  by  the  death  of  either  party, 
or  the  agreement  of  the  parties. 

The  said  copartners  have  each  of  them  contributed  and 
advanced  the  sum  of  two  thousand  dollars,  which,  with  the 
profit  and  loss  thereon,  and  the  other  additions  thereto,  and 
diminutions  therefrom,  as  is  herein  provided,  shall  constitute 
the  capital  stock  of  the  firm. 

And  during  the  whole  time  that  this  copartnership  shall 
endure,  each  of  the  copartners  may,  for  his  personal  support, 
and  private  use,  withdraw  from  the  copartnership  funds  a 
sum  not  exceeding  yearly  .  And  either  copartner, 

with  the  consent  of  the  other,  may,  from  time  to  time,  bring 
any  further  sum  into  the  copartnership  funds,  to  be  employed 
in  their  joint  negotiations.  And  just  and  true  accounts  of  the 
copartnership  transactions,  shall  by  the  copartners  respec- 
tively, as  they  sell  goods,  make  payments  and  receive  money 
or  other  property,  be  kept  in  suitable  and  customary  books, 
which  shall  at  all  times  be  open  to  the  inspection  of  either 
party.  And  an  exact  account  in  said  books  shall  be  kept  of 
all  the  sums  withdrawn  from  or  added  to  the  copartnership 
funds  by  each  of  the  said  copartners,  and  at  the  end  of  each 
year  from  the  commencement  of  the  copartnership,  the  bal- 


160  COPARTNERSHIP. 

ance  of  each  of  the  copartner's  accounts  shall  be  stated. 
And  each  of  them  shall  from  year  to  year  be  entitled  to  in- 
terest on  his  balance  of  funds  in  the  concern.  And  each  of 
said  copartners,  during  the  continuance  of  the  said  copart- 
nership, shall  devote  all  his  time,  and  with  diligence  and 
fidelity  use  his  best  exertions  to  promote  the  interest  of  the 
concern.  Neither  of  the  said  copartners  shall,  during  the 
continuance  of  the  copartnership,  engage  in  any  separate 
business  on  his  own  account  —  and  neither  of  them  shall 
during  the  term  of  the  copartnership  engage  in  any  transac- 
tions on  the  joint  account,  not  immediately  within  the  scope 
of  the  business  herein  named,  without  the  consent  of  his 
copartner. 

Neither  of  the  copartners  shall  during  said  term,  without 
the  consent  of  the  other,  give  the  name  of  the  firm,  or  his 
own  name,  to  or  for  any  other  person,  or  for  any  business 
other  than  that  of  this  concern,  as  maker  or  endorser  of  any 
bill  of  exchange,  note  of  hand,  bond,  covenant,  or  as 
surety  in  any  manner.  And  when  this  copartnership  shall 
terminate,  by  lapse  of  time,  by  agreement  of  the  parties,  or 
by  the  death  of  either  of  them,  or  otherwise,  all  the  debts  of 
the  copartnership  shall  be  first  paid  out  of  the  copartnership 
funds,  next  each  copartner  shall  receive  the  balance  due 
from  the  firm  to  him,  with  annual  interest  thereon,  if  the 
fund  shall  be  enough  therefor  —  if  not,  they  shall  receive  on 
their  said  balances  pro  rata.  And  the  balance  of  the  co- 
partnership property  and  securities  shall  be  equally  divided 
between  them.  And  if  the  transactions  of  this  copartnership 
shall  result  in  a  loss,  such  loss  shall  be  borne  and  paid  by 
the  said  copartners  equally.  And  to  the  faithful  perform- 
ance of  all  and  singular  the  provisions  herein  contained  the 
parties  respectively  bind  themselves,  and  their  respective 
executors  and  administrators. 

In  testimony  whereof,  8tc. 


[3]        Where  one  alone  is  bound  to  follow  ihe  trade. 

This  Indenture,  made  the  twelfth  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-two, 
between  A.  JB.  of  the  city  of  Richmond,  yeoman,  of  the  one 
part,  and  C.  D.  of  the  said  city,  merchant,  of  the  other  part, 


COPARTNERSHIP.  161 

witnesses,  That  the  said  A.  B.  and  C.  D.  in  consideration 
of  the  mutual  credit  and  faithful  confidence  that  each  of  them 
has  reposed  in  the  other,  have  covenanted  and  agreed  to- 
gether, and  by  these  presents  do  covenant,  and  agree  to- 
gether, at  their  equal  charges,  to  make  one  stock  of  mer- 
chandize, &c,  at  their  equal  adventure,  and  for  their  common 
and  equal  gain  and  loss,  to  be  bestowed,  employed,  used, 
an>l  occupied,  by  the  diligence,  discretion,  and  labour  of  the 
said  C.  D.  from  time  to  time,  in  the  trade  and  traffic  which 
the  said  C.  D.  now  uses  and  exercises  in  that  shop  which  he 
now  occupies,  situated,  &c,  from  the  day  of  the  date  of  these 
presents,  by  and  during  all  the  term  of  five  whole  years, 
from  thence  next  following.  And  the  said  C.  D.  does  here- 
by acknowledge  that  he,  at  and  before  the  sealing  and  de- 
livery of  these  presents,  has  had  and  received  from  the  said 
A.  B.  the  sum  of  five  thousand  dollars,  for  the  full  part  of 
the  said  A.  B.  to  the  making  of  the  stock  aforesaid,  and 
thereof  is  fully  and  plainly  satisfied  and  possessed.  And  also 
the  said  C.  I),  does  covenant  and  promise,  to  and  with  the 
said  A.  B.  by  these  presents,  that  he  the  said  C.  D.  shall 
not  only  immediately  and  presently  put  in  one  other  five 
thousand  dollars,  &c,  to  make  up  the  said  stock  to  the  full 
sum  of  ten  thousand  dollars,  but  also  according  to  his  health 
and  ability,  from  time  to  time,  during  the  said  partnership, 
shall  employ  his  labour,  knowledge,  and  diligence,  to  bestow 
the  said  stock  in  his  said  trade,  and  therein  use  and  occupy 
the  same,  for  the  common  and  equal  profit  of  himself  and  the 
said  A.  B.  without  fraud  or  deceit,  in  manner  and  form  as 
aforesaid.  Provided  always,  and  it  is  agreed  between  the 
said  parties,  for  themselves,  their  executors,  and  administra- 
tors, by  these  presents,  that  if  it  shall  happen  to  either  of 
them  to  die  during  the  said  term  of  their  partnership,  that  yet 
notwithstanding,  the  survivor  of  them  shall  have  only  an 
interest  and  right  to  one  half  of  the  said  stock,  increase,  and 
debts  owing  to  the  said  partners,  and  no  more  ;  and  upon 
account  to  be  charged  only  with  the  moiety  of  the  said 
debts,  by  the  said  partners,  in  respect  of  the  said  partner- 
ship only  to  be  owing,  any  thing  to  the  contrary  notwithstand- 
ing. And  the  said  C.  D.  covenants,  &c,  that  he  the  said 
C.  D.  from  time  to  time,  upon  every  reasonable  request, 
and  upon  one  month's  forewarning,  shall  make  and  give 
up  to  the  said  A.  B.  a  plain  and  true  account  in  writing  of 
all  the  said  stock,  and  of  all  the  increase  and  gains  thereof, 
15* 


162  COPARTNERSHIP. 

together  with  all  losses  which  have  happened  to  the  sanw? 
and  shall  then  immediately  make  a  true  and  equal  division 
and  payment  to  the  said  A.  B.,  if  it  be  required,  of  all  his 
part  of  the  gains  and  increase  aforesaid,  according  to  the 
true  meaning  of  these  presents  :  and  if  it  do  happen  to  the 
said  C.  D.  at  any  time  during  the  said  term  of  five  years  to 
depart  this  present  life,  or  at  any  time  after,  before  the  clear 
ending  and  finishing  of  the  account  of  the  premises,  and  full 
payment  had,  and  partition  made  of  all  things  put  into  the 
said  partnership,  or  arising  thereof,  then  the  executors  and 
administrators  of  the  said  C.  D.  shall  make  a  full  and  perfect 
account,  and  ready  payment  and  delivery  to  the  said  A.  B. 
his  executors,  and  administrators,  as  well  of  all  his  part  of  the 
said  stock,  (according  to  the  true  meaning  of  these  presents), 
as  also  of  the  one  half  of  all  increase,  gains,  and  advan- 
tages, grown  of  or  from  the  said  stock,  and  that  to  be  done 
within  the  space  of  two  months  next  after  the  decease  of  the 
said  C.  D.  without  any  further  delay.  In  witness  whereof, 
we  have  hereunto  set  our  hands  and  seals,  the  day  of  the 
date  above  mentioned. 

A.  B.     L.S. 

C.  D.     L.S. 
Sealed  and  delivered  in  presence  of 


[4]  Dissolution. 

Whereas  by  indenture  made  the  first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-two, 
between  A.  B.  and  C.  D.  both  of  the  city  of  ,  mer- 

chants, the  said  A.  B.  and  C.  D.  did  enter  into  partnership  to- 
gether, for  the  purpose  of  carrying  on  the  trade  of  merchandize, 
the  term  of  five  years,  and  whereas  the  said  C.  D.  wishing, 
on  account  of  the  decline  of  his  health,  to  discontinue  and 
quit  business,  has  heretofore  proposed  to  his  said  partner, 
A.  B.  a  dissolution  of  the  partnership,  to  which  proposition 
the  said  A.  B.  has  assented  ;  the  parties  therefore  mutually 
consent  and  agree,  by  these  presents,  that  the  partnership 
heretofore  existing  between  them  be  this  day  dissolved,  and 
it  is  accordingly  dissolved  ;  And  it  is  further  stipulated  and 
agreed  mutually  between  them,  that  the  senior  partner,  A.  B. 
shall  take  the  entire  stock  of  goods  and  merchandize  now  on 


COVENANT.  163 

hand  belonging  to  the  partnership,  at  a  valuation  to  be  set 
upon  the  same,  who  is  by  the  parties  mutually  appointed 
to  value  the  same,  and  that  he  the  said  A.  B.  also  have 
power  to  collect  the  debts  now  due  to  the  partnership,  and 
recover  the  same,  in  the  name  of  the  firm,  by  suits  at  law  or 
in  equity;  and  that  finally  the  said  A.  B.  do  pay  over  to  the 
said  C.  D.  the  full  share  and  proportion  of  stock  and  profits 
which  shall  appear  to  be  due  to  the  said  C.  D.  in  six  months 
from  the  date  hereof,  &c.  —  Witness  our  hands  and  seals 
at  ,  this  first  day  of  March,  A.D.  1 832. 

A.  B.     L.S. 
C.  D.     L.S. 
Attest, 


COVENANT. 

A  covenant  is  an  agreement  between  two  or  more  per- 
sons, in  writing,  signed  and  sealed  by  the  parties,  wherein 
one  or  more  of  the  parties  obliges  himself  to  do  and  perform, 
or  to  abstain  from  doing  and  performing  certain  things 
specified  in  the  covenant. 

When  a  covenant  is  an  entire  contract  between  the  "par- 
ties it  requires  little  formality  of  language.  It  is  enough  if 
in  plain  language  it  states  the  agreement  of  the  parties,  and 
concludes  in  the  customary  mode  of  concluding  sealed  in- 
struments. No  form  of  such  a  contract  seems  necessary. 

But  more  frequently  covenants  are  inserted  in  deeds  of 
conveyance,  or  other  instruments,  which  have  other  objects. 
In  our  books  of  forms  precedents  of  such  covenants  are 
often  unnecessarily  numerous.  In  general  they  will  be 
right  if  they  plainly  state  the  agreement  of  the  parties. 


[1]      Where  a  husband  covenants  for  himself  and  his  wife. 

And  the  said  A.  B.  for  himself,  Stc,  and  for  and  on  behalf 
of  the  said  C.  B.  and  her  heirs,  &.c,  does  covenant  with  the 
said  D.  E.,  &c. 


164 


[2]     By  tenant  for  life,  and  tenant  in  fee  of  the  reversion, 
who  join  in  a  deed. 

And  we,  the  said  A.  B.  and  A.  B.  junior,  for  ourselves 
respectively,  and  our  respective  heirs,  do  severally,  and  not 
jointly,  covenant  and  assure  to  the  said  C.  D.,  his  heirs  and 
assigns,  that  we  are  lawfully  seized  in  fee  of  the  aforegrant- 
ed  premises,  in  manner  following,  that  is  to  say,  that  the 
said  A.  B.  is  seized  thereof  for  his  life,  as  tenant  by  the 
courtesy  :  And  that  the  said  A.  B.  junior  is  seized  in  fee 
simple  of  the  reversion  or  remainder  thereof,  expectant  upon 
the  determination  of  the  said  estate  by  the  courtesy,  &c. 


[3]     A  covenant  to  stand  Seized  of  the  Premises  to  the  uses 
mentioned  in  the  deed. 

And  the  said  A.  B.  does  for  himself  and  his  heirs  cove- 
nant and  agree  to,  and  with  the  said  C.  D.  and  his  heirs, 
that  he  the  said  A.  B.  and  his  heirs,  shall  and  will  stand 
and  be  seized  of  the  within  granted  premises,  to  the  several 
uses,  in  and  by  this  instrument  limited  and  declared,  accord- 
ing to  the  true  intent  and  meaning  thereof,  and  to  no  other 
use,  intent,  or  purpose  whatsoever. 


[4]  Further  Assurance. 

And  further,  that  he,  the  said  A.  B.  for  himself  and  his 
heirs,  and  all  and  every  other  person  or  persons  lawfully 
claiming,  or  to  claim,  by,  from,  or  under  him  or,  them,  shall 
and  will  from  time  to  time,  and  at  all  times  hereafter,  upon 
the  reasonable  request,  and  at  the  cost  and  charge  of  the 
said  C.  D.,  his  heirs  and  assigns,  make,  and  execute,  or 
cause  and  procure  to  be  made,  and  executed,  all  and  every 
such  further  and  other  lawful  reasonable  deed  or  deeds, 
whatsoever,  for  the  further,  better,  more  perfect  and  absolute 
assurance  and  confirmation  of  the  said  messuage  or  tene- 
ment, hereditaments,  and  premises,  Sec,  hereby  granted  or 
mentioned  or  intended  so  to  be,  with  these  appurtenances, 


COVENANT.  165 

unto  the  said  C.  D.,  his  heirs  and  assigns,  as  by  him  or  them, 
or  by  his  or  their  counsel  learned  in  the  law,  shall  be  reason- 
ably advised,  devised,  or  required. 


[5]  For  Quiet  Enjoyment. 

And  the  said  A.  B.,  for  himself,  his  heirs,  executors,  and 
administrators,  does  covenant,  promise,  grant,  and  agree, 
to  and  with  the  said  C.  D.,  his  heirs  and  assigns,  by  these 
presents,  that  he,  the  said  C.  D.,  his  heirs  and  assigns,  shall 
and  lawfully  may,  from  time  to  time,  and  at  all  times  here- 
after, peaceably  and  quietly  have,  hold,  occupy,  possess,  and 
enjoy  the  said  messuage  or  tenement,  and  premises,  &c, 
hereby  granted,  or  mentioned,  or  intended  so  to  be,  with  the 
appurtenances,  without  the  lawful  hindrance,  or  molestation 
of  the  said  A.  B.,  his  heirs  or  assigns,  or  of  any  other  per- 
son or  persons  whatsoever,  by  or  with  his,  or  their  act,  con- 
sent, privity,  or  procurement.  In  witness  whereof,  the  said 
parties  have,  &c. 


[6]  Against  Incumbrance. 

And  the  said  A.  B.  and  C.  D.,  for  themselves,  their  heirs, 
executors,  and  administrators,  do  severally,  and  not  jointly, 
nor  the  one  for  the  other,  or  for  the  act  or  deed  of  the  other, 
but  each  for  his  own  acts  only,  covenant,  promise,  grant,  and 
agree,  to  and  with  the  said  E.  F.,  his  heirs  and  assigns,  by 
these  presents,  that  they,  the  said  A.  B.  and  C.  D.,  have 
not  heretofore  done,  committed,  or  wittingly  or  willingly 
suffered  to  be  done  or  committed,  any  act,  matter,  or  thing 
whatever,  whereby  the  premises  hereby  granted,  or  any 
part  thereof  are,  or  shall  be  charged  or  incumbered  in  title, 
estate,  or  otherwise. 

Notes.  —  When  the  grantor  has  once  made  a  further  as- 
surance, in  conformity  with  the  request  of  the  granlee,  he 
will  be  discharged  of  his  covenant  in  that  respect,  notwith- 
standing the  words  '  from  time  to  time.'  —  5  Coke,  23.  b. 

This  covenant  will  be  broken,  if  the  grantor  disable  him- 
self from  complying  with  it,  although  no  request  has  been 
made  to  him  to  give  further  assurance.  —  5  Coke,  20.  a. 


166  DEEDS. 

When  a  bad  title  has  been  given,  and  the  vendor  after- 
wards purchase  a  good  title,  he  shall  be  compelled  in  equity 
to  make  the  same  over  to  the  vendee.  —  Ch.  R.  274. 


DEEDS, 

[1]  Of  Warranty  from  one  Person  to  Another. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of,  &c,  in 
consideration  of  the  sum  of  to  me  paid  by  C.  D., 

of,  &c,  the  receipt  whereof  I  do  hereby  acknowledge,  do 
hereby  give,  grant,  sell  and  convey  unto  the  said  C.  D.,  his 
heirs  and  assigns,  all  that  parcel  of  land  or  tenement,  situat- 
ed in  ,  bounded  and  described  as  follows,  to  wit:  — 
To  have  and  to  hold  the  afore-granted  premises  to 
the  said  C.  D.,  his  heirs  and  assigns,  to  his  and  their  use 
and  behoof  for  ever.  And  I,  the  said  A.  B.,  do  hereby  for 
myself  and  my  heirs,  executors,  and  administrators,  covenant 
with  the  said  C.  D.,  his  heirs  and  assigns,  that  I  am  law- 
fully seized  in  fee  simple  of  the  afore-granted  premises  ; 
that  they  are  free  of  all  incumbrances  ;  that  I  have  good 
right  to  sell  and  convey  the  same  to  the  said  C.  D.  And 
that  I  and  my  heirs,  executors,  and  administrators,  will 
warrant  and  defend  the  same  premises,  to  the  said  C.  D., 
his  heirs  and  assigns,  forever,  against  the  lawful  claims  and 
demands  of  all  persons. 

In  witness  whereof,  I,  the  said  A.  B.,  '  together  with 
Z.  B.,  my  wife,  who  hereby  relinquishes  her  right  of  dower 
in  the  premises,'  have  hereunto  set  our  hands  and  seals,  this 
first  day  of  March,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-two, 

A.  B.     L.  s. 
Z.  B.     L.  s. 

Signed,  sealed,  and  delivered, 
in  presence  of  us, 

E.  D. 
E.  F. 

JVb/e.  —  If  the  grantor  is  unmarried,  instead  of  saying, 
1  In  witness  whereof,  1,  the  said  A.  B., together  with  Z.  B., 
my  wife,  Sic,'  say  :  —  I,  the  said  A.  B.,  who  am  unmarried, 
have  hereunto  set  my  hand  and  seal,  &c. 


167 


[2]     Of  Warrantee,  from  one  Person  to  Another  —  (An- 
other form.) 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  Bos- 
ton, in  the  county  of  Suffolk,  and  Commonwealth  of  Mas- 
sachusetts, merchant,  in  consideration  of  ten  thousand  dol- 
lars to  me  paid  by  C.  D.,  of  said  Boston,  merchant,  the  re- 
ceipt whereof  is  hereby  acknowledged,  do  by  these  presents, 
give,  grant,  bargain,  sell,  and  convey,  unto  the  said  C.  D., 
his  heirs  and  assigns,  all  that  house  lot,  dwelling  house,  and 
out  houses,  situated  on  Beacon  street,  in  said  Boston, 
bounded  and  described  as  follows,  to  wit  :  —  Beginning,  &c, 
Also  the  store,  and  lot  whereon  the  same  is  situated,  being 
the  store  No.  ,  on  Long  Wharf,  in  said  Boston,  which 
is  bounded  and  described  as  follows,  to  wit,  &c.  To  have 
and  to  hold  the  above  granted  premises,  with  the  privileges 
and  appurtenances  thereto  belonging,  to  the  said  C.  D.,  his 
heirs  and  assigns  to  his  and  their  use  and  behoof  forever. 
And  I,  the  said  A.  B.,  for  myself  and  my  heirs,  executors, 
and  administrators,  do  hereby  covenant  with  the  said  C.  D., 
his  heirs  and  assigns,  that  I  am  lawfully  seized  in  fee  of  the 
afore-granted  premises  ;  that  they  are  free  from  all  incum- 
brances  ;  that  I  have  a  good  right  to  sell  and  convey  the 
same  to  the  said  C.  D.  as  aforesaid  ;  and  that  I  will  and  my 
heirs,  executors,  and  administrators  shall  warrant  and  de- 
fend the  same  to  the  said  C.  D.,  his  heirs  and  assigns  for- 
ever against  the  lawful  claims  and  demands  of  all  persons. 

In  witness  whereof,  I,  the  said  A.  B.,  who  am  sole  and 
unmarried,  have  hereunto  set  my  hand  and  seal,  this  first 
day  of  March,  in  the  year  of  our  Lord  eighteen  hundred 
and  thirty-two. 

A.  B.     L.S. 
Signed,  sealed,  and  delivered, 

in  presence  of  us, 

C.  D. 
E.  F. 


.  —  If  A.  B.  has  a  wife,  say  in  conclusion  :  —  In  wit- 
ness whereof,  I,  the  said  A.  B.,  together  with  Z.  B.,  ray 
wife,  who  hereby  relinquishes  her  right  of  dower  in  the  pre- 
mises, have  hereunto  set  our  hands  and  seals,  &.c. 


168 


[3]     Of  several  to  a  Corporation,  with  special  covenants  of 
Warranty  and  Release  of  Dower. 

Know  all  men  by  these  presents,  that  we  A.  B.,  of,  &c, 
B.  C.,  of,  &c,  C.  D.,  of,  &c,  and  D.  E.,  of,  &c,  in  con- 
sideration of  ,  to  us  paid  by  The  Manu- 
facturing Company,  a  corporation  created  by  an  act  of  the 
legislature  of  the  State  of  ,  the  receipt  whereof  is 
hereby  acknowledged,  have  given,  granted,  sold,  and  con- 
veyed ;  and  we  do  hereby  give,  grant,  sell,  and  convey  to 
the  said  corporation  and  their  assigns,  all  that  parcel  of  land 
and  estate,  situated  in  ,  commonly  called  , 
which  is  described  and  bounded  as  follows,  to  wit : — 

To  have  and  to  hold  the  same,  with  the  privileges  and 
appurtenances  thereof,  to  the  said  corporation,  and  their  as- 
signs, to  their  sole  use  and  behoof  forever.  And  we  the 
said  A.  B.,  B.  C.,  C.  D.,  and  D.  E.,  for  ourselves  respec- 
tively, and  for  our  respective  heirs,  executors,  and  adminis- 
trators, do  covenant  with  the  said  corporation  and  their  as- 
signs, that  we  are  severally  lawfully  seized  in  fee,  each  of 
one  undivided  fourth  part  of  the  aforegranted  premises ;  that 
we  have  severally  good  right  and  lawful  authority  to  sell  the 
same;  that  they  are  free  from  all  encumbrances;  and  that 
we  will  severally  and  respectively,  each  for  his  said  one- 
fourth  thereof,  warrant  and  defend  the  same  to  the  said  cor- 
poration, and  their  assigns,  against  the  lawful  claims  and  de- 
mands of  all  persons. 

In  testimony  whereof,  we  the  said  A.  B.  and  C.  D.,  who 
are  unmarried  ;  and  B.  C.  and  D.  E.,  together  with  O.  C., 
wife  of  said  B.  C.,  and  P.  E.,  wife  of  said  D.  E.,  each  of 
whom  acknowledge  that  they  have  received  one  dollar  from 
said  corporation,  in  consideration  whereof  they  become  par- 
ties hereto  for  the  purpose  of  relinquishing  their  respective 
right  of  dower  in  the  premises,  have  hereunto  set  their  sev- 
eral hands  and  seals,  this  first  day  of  March,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-two. 

A.  B.,  L.S.,  &c. 
Signed,  sealed,  and  delivered, 
in  presence  of 


169 


[4]  By  the  Inhabitants  of  a  Town. 

Know  all  men  by  these  presents,  that  the  inhabitants  of 
,  in  the  county  of  ,  and  State  of  , 

in  consideration  of  ,  to  them  paid  by  A.  B.,  Stc,  the 

receipt  whereof,  &c,  [in  common  font.] 

To  have  and  to  hold,  &.c,  [i»  common  form. ~] 

And  the  said  inhabitants,  for  themselves,  and  their  succes- 
sors, do  covenant  with  the  said  A.  B.,  his  heirs  and  assigns, 
that  they,  the  said  inhabitants,  are  lawfully  seized  in  fee  of 
the  aforegranted  premises,  &c,  [in  common  form^} 

In  testimony  whereof,  the  said  inhabitants,  by  C.  D. ,  their 
treasurer,  hereunto  duly  authorized  by  a  vote  of  said  inhabit- 
ants of  said  town,  at  their  town  meeting,  legally  holden  for 
that  purpose,  on  ,  have  hereunto  set  their  seal,  and 

the  said  treasurer  has  hereunder  written  his  name,  this  first 
day  of  March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-two. 

C          L.  S. 

C.  D.  Treasurer  of  the  town  of  .  <  of  the  town 

*<y 

Signed,  sealed,  and  delivered, 
in  presence  of 


[5]     By  a  Husband  and  Wife,  of  the  Wife's  real  estate. 

To  all  persons  to  whom  these  presents  shall  come,  A.  B., 
of,  &.c,  and  C.  B.,  wife  of  the  said  A.  B.,  send  greeting. 

Know  ye,  that  in  consideration  of  dollars,  to 

them  paid  by  D.  E..  of,  &c,  the  receipt  whereof  is  hereby 
acknowledged,  the  said  A.  B.  and  C.  B.,  in  the  right  of  the 
said  C.  B.,  have  given,  granted,  bargained,  and  sold,  and 
by  these  presents,  they  do  give,  grant,  bargain,  and  sell,  to 
the  said  D.  E.,  &.c,  [t?i  common/or*,] 

To  have  and  to  hold,  Stc,  [in  common  form.] 

And  the  said  A.  B.,  for  himself,  his  heirs,  executors  and 
administrators  does  covenant,  with  the  said  D.  E.,  &c,  that 
the  said  A.  B.,  and  C.  B.,  his  wife,  in  her  right,  are  law- 
fully seized  in  fee  of  the  aforegranted  premises;  that  they  are 
free  of  all  incumbrances;  that  they  have  good  right  and  law- 
ful authority  to  sell  the  same  to  the  said  D.  E.;  —  and  that 
16 


170 

he,  the  said  A.  B..  will  warrant  and  defend  the  same  against 
the  lawful  claims  and  demands  of  all  persons. 

In  testimony  whereof,  the  said  A.  B.  and  C.  B.,  have 
hereunto  set  their  hands  and  seals,  this  first  day  of  March, 
in  the  year,  &c. 

A.  B.     L.  s. 
0.  B.     L.  s. 

Signed,  sealed,  and  delivered, 
in  presence  of 


[6]  To  Tico,  to  hold  as  Joint-  Tenants. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of,  &c, 
in  consideration  of  the  sum  of  ,  to  me  paid  by  C.  D. 

of,  &c,  and  E.  F.,  of,  &c,  the  receipt  whereof  is  hereby 
acknowledged,  have  given,  granted,  bargained,  and  sold, 
and  by  these  presents  I  do  give,  grant,  bargain  and  sell, 
unto  the  said  C.  D.  and  E.  F.,  and  their  assigns,  and  to  the 
survivor  of  them,  and  the  heirs  and  assigns  of  such  survivor, 
a  certain  messuage,  situated  ,  bounded  and  de- 

scribed as  follows,  to  wit :  — 

To  have  and  to  hold  the  above  granted  premises,  to  them 
the  said  C.  D.  and  E.  F.,  and  their  assigns,  and  the  sur- 
vivor of  them,  and  the  heirs  and  assigns  of  such  survivor,  to 
their  use  and  behoof  forever.  And  I,  the  said  A.  B.,  do 
covenant  with  the  said  C.  D.  and  E.  F.,  and  their  assigns, 
and  the  survivor  of  them,  and  the  heirs  and  assigns  of  such 
survivor,  that  I  am  lawfully  seized  in  fee  of  the  aforegranted 
premises,  &c,  [in  common  form.'] 

In  testimony  whereof,  &c. 


[7J     A  sheriff's  deed  of  an  Equity  of  Redemption,  sold  at 
auction. 

To  all  persons  to  whom  these  presents  shall  come,  A.  B. , 
of  Boston,  in  the  county  of  Suffolk,  and  Commonwealth  of 
Massachusetts,  gentleman,  a  deputy  sheriff  under  M.  N., 
sheriff  of  said  county,  esquire,  sends  greeting. 

Whereas  I,  the  said  A.  B.,  as  deputy  sheriff,  as  aforesaid, 
on  the  ,  at  said  Boston,  attached  on  mcsne  process, 


DEEDS.  171 

on  a  suit  wherein  W.  X.,  of,  &.c,  was  plaintiff,  and  Y.  Z., 
of,  &c,  was  defendant,  all  the  right  in  equity,  which  the  said 
Y.  Z.  then  had  to  redeem  the  real  estate  hereinafter  de- 
scribed ;  and  whereas,  by  consideration  of  the  Justices  of 
the  Court  of  ,  holden  at  Boston,  within  and  for  the 

said  county  of  Suffolk,  on  ,  the  said  W.  X.  re- 

covered judgment  against  the  said  Y.  Z.  for  the  sum  of 
,  debt  or  damage,  and  costs  of  suit  taxed  at  the  sum 
of  ,  on  which  judgment  by  order  of  said  court,  a 

writ  of  execution  was  issued  on  the  day  of  , 

directed  to  me,  the  said  A.  B.,  to  be  levied,  satisfied,  and 
executed;  and  whereas,  by  virtue  of  said  writ  of  execution, 
and  in  order  to  satisfy  the  same,  1  did  afterwards,  on  the 
day  of  ,  take  and  seize  the  right  in  equity 

of  the  said  Y.  Z.,  of  redeeming  the  following  described  real 
estate,  to  wit,  &c,  [describe  tlie  estate.]  And  whereas 
afterwards,  on  the  day  of  ,  having  given 

due  notice  to  the  said  Y.  Z.,  and  having  duly  advertised  the 
premises  according  to  law,  in  due  form  I  sold  the  same  at 
public  auction  to  O.  P.,  of,  &c,  who  was  the  highest  bidder 
therefor,  and  the  purchaser  thereof  at  said  sale,  for  the  sum 
of  ,  which  was  the  greatest  sum  then  and  there  bid 

therefor. 

Now  therefor  know  ye,  that  I,  the  said  A.  B.,  in  my 
capacity  of  deputy  sheriff  as  aforesaid,  in  consideration  of 
the  said  sum  of  ,  to  me  paid  by  the  said  O.  P.,  the 

receipt  whereof  is  hereby  acknowledged,  have  bargained, 
granted,  sold,  and  conveyed  ;  and  by  these  presents  I  do 
bargain,  grant,  sell,  and  convey  to  the  said  O.  P.,  all  the 
right  which  said  Y.  Z.,  at  the  said  time  of  said  attachment, 
had  of  redeeming  the  before  described  estate,  and  every 
parcel  thereof. 

To  have  and  to  hold  the  same  to  him,  the  said  O.  P.,  his 
heirs,  executors,  administrators,  and  assigns,  to  his  and  their 
use  and  behoof  for  ever;  —  subject  nevertheless  to  the  said 
Y.  Z,'s  right  of  redeeming  the  same.  And  I,  the  said  A. 
B.,  do  covenant  with  the  said  O.  P.  as  aforesaid,  that  in 
making  the  said  attachment  and  sale,  and  in  every  thing  the 
same  concerning,  I  have  complied  with,  observed  and  obey- 
ed all  the  rules  and  requisitions  in  law  for  attaching  and  on 
execution  making  sales  of  rights  in  equity  to  redeem  real 
estate.  In  testimony  whereof,  &c. 


172 


[8]  By  an  Administrator. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of,  &c, 
in  my  capacity  of  administrator  of  the  goods  and  estate 
which  were  of  Y.  Z.,  late  of,  &c,  deceased,  intestate,  for 
this  purpose  being  duly  authorized  and  empowered,  by  a 
decree  of  the  Court,  holden  at  ,  on  , 

and  in  pursuance  of  a  sale  had  at  public  auction  in  con- 
formity to  said  decree,  in  consideration  of  the  sum  of  , 
to  me  paid  by  O.  P.,"  of,  &.c,  (who  was  the  highest  bidder 
at  the  said  sale  at  auction  for  the  estate  hereinafter  describ- 
ed, and  the  said  sum  of  being  the  highest  sum  bid 
therefor,)  the  receipt  whereof  I  do  hereby  acknowledge, 
have  given,  granted,  sold,  and  conveyed,  —  and  by  these 
presents  I  do  give,  grant,  sell,  and  convey,  unto  him,  the 
said  O.  P.,  his  heirs  and  assigns,  all  the  right,  title,  and  in- 
terest, whereof  the  said  Y.  Z.  died  seized  and  possessed  of, 
in  and  to  a  certain  parcel  of  land  or  estate  situated  in  , 
bounded  and  described  as  follow*,  to  wit,  &c. 

To  have  and  to  hold  the  said  parcel  of  land  and  estate, 
with  its  privileges  and  appurtenances,  to  him  the  said  O.  P., 
his  heirs  and  assigns,  to  his  and  their  use  and  behoof  for- 
ever. And  I,  the  said  A.  B.,  in  my  capacity  of  adminis- 
trator as  aforesaid,  do  covenant  with  the  said  O.  P.,  his 
heirs  and  assigns,  that  I  am  lawfully  the  administrator  of  the 
estate  of  the  said  Y.  Z.;  that  I  was  duly  and  legally  au- 
thorized to  sell  as  aforesaid  the  above  described  estate;  — 
that  I  have  in  all  things^in  regard  to  said  sale/ observed  the 
rules  and  requisitions  of  law.  And  that  I  have  not  made  or 
suffered  any  incumbrance  of  said  estate  since  I  was  ap- 
pointed administrator  of  the  estate  of  the  said  Y.  Z. 

In  testimony  whereof,  &c. 


[9]     By  an  Administrator  of  an  Estate,  which  an  Intestate 
had  by  deed  bound  himself  to  convey. 

To  all  people  to  whom  these  presents  may  come,  A.  B., 
of,  &c,  administrator  of  the  goods  and  estate  which  were  of 
Y.  Z.,  late  of,  &c,  deceased,  intestate,  —  sends  greeting. 

Whereas  heretofore,  on  the  day  of  ,  an 


DEEDS.  173 

agreement  was  made  between  the  said  intestate  and  O.  P., 
of,  &c,  whereby  the  said  Y.  Z.,  on  certain  conditions  in 
said  agreement  stated,  engaged  and  bound  himself  by  deed 
to  convey  the  estate  in  said  agreement  described  to  the  said 
O.  P.,  which  said  agreement  was  as  follows,  to  wit,  [here 
recite  the  agreement];  and  whereas  the  said  O.  P.  has  fully 
complied  with  and  performed  all  the  conditions  on  his  part 
in  said  agreement  contained,  and  on  representation  there- 
of to  the  Court  of  ,  holden  at  ,  on  , 
the  said  Court,  by  their  decree,  did  authorize  and  empower 
me  the  said  administrator,  by  deed,  to  grant  and  convey  the 
estate  in  said  agreement  described,  (o  the  said  O.  P.,  upon 
the  terms  and  conditions  in  said  agreement  contained. 

Now,  therelbre,  know  ye,  that  by  virtue  of  the  authority 
and  decree  by  said  court,  given  as  aforesaid,  and  in  order 
to  carry  into  full  effect,  the  said  agreement  of  the  said 
Y.  Z.  on  his  part,  —  that  I,  the  said  A.  B.,  administrator 
as  aforesaid,  in  consideration  of  ,  to  me  in  that  ca- 

pacity paid  by  the  said  O.  P.,  the  receipt  whereof  I  do 
hereby  acknowledge  ;  and  in  consideration  that  the  said  O 
P.  has  in  all  things  fulfilled  and  performed  the  conditions  on 
his  part  in  said  agreement  contained,  have  given,  granted, 
sold,  and  assigned;  and  by  these  presents  I  do  give,  grant, 
sell,  and  assign,  to  him  the  said  O.  P. ,  his  heirs  and  assigns, 
all  the  said  Y.  Z.'s  right,  title,  and  interest,  which  he  had 
at  the  time  of  his  decease,  in  and  to  the  estate  in  said  agree- 
ment described.  To  have  and  to  hold  the  same  to  him,  the 
said  O.  P.,  his  heirs  and  assigns,  to  his  and  their  use  and 
behoof  forever,  in  as  full  and  ample  a  mariner  as  I,  the  said 
A.  B.,  in  my  capacity  of  administrator  of  said  Y.  Z.  as 
aforesaid,  and  by  force  of  said  decree  and  authority  or 
license  of  said  court,  am  empowered  to  convey  the  same. 

In  testimony  whereof,  &c. 

Note.  —  If  in  this  deed  the  widow  releases  her  dower,  she, 
as  well  as  the  administrator,  must  acknowledge  the  deed. 


[10]     Given  by  Executors  under  an  authority  in  a  Will. 

To  all  persons  to  whom  these  presents  shall  come,  we  A. 
B.  and  C.  D.,  both  of,  &c,  executors  of  the  lust  will  and 
16* 


174  DEEDS. 

testament  of  Y.  Z.,  late  of,  &c,  deceased,  testate  —  send 
greeting. 

Whereas  the  said  Y.  Z.,  in  order  to  enable  his  said  ex- 
ecutors fully  to  carry  into  effect  his  intentions,  did  in  and  by 
his  last  will  and  testament,  authorize  and  empower  his  said 
executors,  in  any  manner  which  they  should  deem  proper, 
to  make  sale  of,  and  execute  and  deliver  deeds  to  convey  all 
his,  the  said  testator's  real  estate. 

Now  therefore  know  ye,  that  by  virtue  and  authority  to 
us  given  by  said  Y.  Z.,  in  his  last  will  and  testament,  we, 
the  said  A.  B.  and  C.  D.,  executors  as  aforesaid,  in  con- 
sideration of  the  sum  of  ,  to  us  paid  by  O.  P.,  of, 
&c,  the  receipt  whereof  is  hereby  acknowledged,  have  given 
granted,  bargained,  sold,  and  conveyed,  and  by  these  pre- 
sents we  do  give,  grant,  bargain,  sell,  and  convey,  unto  the 
said  O.  P.,  his  heirs  and  assigns,  the  following  described 
parcel  of  real  estate,  which  was  the  property  of  the  said  Y. 
Z.,  situated  in  ,  and  bounded  and  described  as  fol- 
lows, to  wit,  &c. 

To  have  and  to  hold  the  aforegranted  premises,  to  him  the 
said  O.  P.,  his  heirs  and  assigns,  to  his  and  their  use  and 
behoof  forever.  And  we,  the  said  A.  B.  and  C.  D.,  do 
covenant  with  the  said  O.  P.,  his  heirs  and  assigns,  that  we 
are  lawfully  the  executors  of  the  last  will  and  testament  of 
said  Y.  Z.,  and  that  we  have  not  made,  or  suffered  any  in- 
cumbrance  on  the  hereby  granted  premises,  since  we  were 
appointed  executors  of  said  Y.  Z.,  and  that  we  have  in  all 
respects  acted,  in  making  this  conveyance,  in  pursuance  of 
the  authority  granted  to  us  in  and  by  the  said  last  will  and 
testament  of  the  said  Y.  Z. 

In  testimony  whereof,  &c. 


[11]  By  Guardian  of  Minors. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  , 

gentleman,  in  my  capacity  of  guardian  to  C.  D.  and  E.  D., 
minors,  under  the  age  of  twenty-one  years,  and  children  of 
F.  D.,  late  of  ,  merchant,  deceased,  by  virtue,  and 

in  execution  of  the  power  and  authority  to  me,  in  my  said 
capacity,  granted  by  the  Court,  at  its  term  holden 

at  .on  ,  in  consideration  of  the  sum  of 


DEEDS.  175 

to  me  paid  by  O.  P.,  of  ,  machinist,  the 

receipt  whereof  is  hereby  acknowledged,  the  premises  here- 
inafter described  having  been  sold  at  public  auction,  where- 
at the  said  O.  P.  was  the  highest  bidder,  and  the  said  sum 
of  was  the  highest  sum  bid  therefor ;  have  given, 

granted,  sold,  and  conveyed,  and  by  these  presents  I  do 
give,  grant,  bargain,  sell,  and  convey  unto  the  said  O.  P., 
his  heirs  and  assigns,  a  certain  messuage,  situated  in 
which  was  of  the  said  C.  D.  and  E.  D.,  minors  and  wards 
to  this  grantor,  which  messuage  is  described  and  bounded  as 
follows,  to  wit:  —  ,  with  all  the  privileges  and  ap- 

purtenances thereof. 

To  have  and  to  hold  the  aforegranted  premises  to  him  the 
said  O.  P.,  his  heirs  and  assigns,  to  his  and  their  sole  use 
and  behoof  forever.  And  I,  the  said  A.  B.,  do  covenant 
with  the  said  O.  P.,  his  heirs  and  assigns,  that  in  making 
said  sale,  and  in  all  things  in  and  respecting  the  same,  and 
in  making  this  conveyance,  I  have  in  all  things  observed  the 
directions  of  the  law,  and  pursued  the  authority  in  this 
behalf  given  to  me  by  said  court,  as  aforesaid,  and  that, 
since  the  death  of  the  said  F.  D.,  from  whom  the  said  C.  D. 
and  E.  D.  inherited  the  above  granted  estate,  I  have  not 
made  any  sale  thereof  or  incumbrance  thereon. 

In  testimony  whereof,  Sic. 


[12]  A  deed  of  a  Patent  Right. 

Know  all  men  by  these  presents,  that  I,  A.  B.  of  , 

in  consideration  of  to  me  paid  by  C.  D.  of  ,  the 

receipt  whereof  is  hereby  acknowledged,  have  granted,  bar- 
gained, sold  and  transferred,  and  by  these  presents  I  do 
grant,  bargain,  sell  and  transfer  to  him  the  said  C.  D.  his 
executors,  administrators  and  assigns  —  All  my  invention 
of  a  new  and  useful  improvement  in  the  (describe  the  inven- 
tion as  it  is  described  in  the  letters  patent,)  for  which  letters 
patent  were  granted  and  secured  to  me  on  the  day 

of  in  due  form  of  law,  under  the  seal,  and  with  the 

sign  manual  of  the  President  of  the  United  States  of  Ameri- 
ca, whereby  was  granted  to  me  the  sole  and  exclusive  right 
of  making,  using  and  vending  to  others  to  be  used,  machines 
made  on  the  principle  of  my  said  invention,  for  the  full  term 


176  DEEDS. 

of  fourteen  years  from  the  date  of  said  Letters  Patent;  — 
together  with  the  said  Letters  Patent,  and  all  the  right, 
interest  and  profit,  which  I  had  or  might  have  by  means  of 
the  said  invention,  and  the  said  Letters  Patent,  so  obtained 
therefor. 

To  have  and  to  hold  the  said  invention  and  Letters  Pa- 
tent, with  all  the  privileges  and  appurtenances  thereof,  and 
all  the  rights,  advantages  and  profit,  which  shall  or  may  in 
any  manner  result  therefrom,  to  him  the  said  C.  D.  his  ex- 
ecutors, administrators  and  assigns,  to  his  and  their  use, 
during  the  unexpired  part  of  the  said  term  of  fourteen  years, 
in  as  full  and  ample  a  manner  as  if  he  the  said  C.  D.  had 
been  the  true  inventor  of  said  improvement,  and  had  in 
his  own  name  obtained  the  said  Letters  Patent  therefor. 
And  I  the  said  A.  B.  do  for  myself,  my  heirs,  executors  and 
administrators,  covenant  with  the  said  C.  D.  his  executors, 
administrators  and  assigns,  that  I  am  the  true  inventor  of 
said  improvement;  —  that  the  said  Letters  Patent,  in  my 
name,  were  duly,  legally,  and  without  fraud  obtained  there- 
for, that  I  have  not  made  nor  suffered  any  sale  or  incum- 
brance  thereof,  or  of  any  profit  or  advantage  that  may  be 
derived  therefrom  —  and  that  the  said  C.  D.  his  executors, 
administrators  and  assigns,  shall  enjoy  the  same  during  the 
term  aforesaid,  against  the  lawful  claims  and  demands  of  all 
persons  whomsoever.  And  I  the  said  A.  B.  as  aforesaid, 
do  further  covenant  with  the  said  C.  D.  as  aforesaid,  that 
during  said  term  I  will  use  all  reasonable  efforts  in  my  power, 
but  at  his  charge,  to  render  the  said  invention  and  Letters 
Patent  profitable  to  him  the  said  C.  D.  during  the  term 
aforesaid  ;  and  for  the  consideration  aforesaid,  I  do  further 
covenant,  that  I  will  convey  to  the  said  C.  D.  his  executors, 
administrators  and  assigns,  all  and  every  further  invention 
and  improvement  which  I  shall  make  on  the  same  subject 
during  the  residue  of  said  fourteen  years.  And  I  hereby 
authorize  the  said  C.  D.  and  his  legal  representatives  to  use 
my  name  in  any,  and  all  ways  that  may  be  necessary  to 
enable  him  and  them  to  obtain,  have,  and  enjoy  all  the  bene- 
fits and  advantages  that  can  result  from  my  said  invention 
and  Letters  Patent. 

la  testimony  whereof,  &c. 


177 


[13]      To  three  as  joint  tenants,  in  trust  for  a,  Corporation. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  , 

in  consideration  of  five  dollars  to  me  paid  by  U.  V.  of 
,  W.  X.  of  ,  and  Y.  Z.  of  ,  and  for 

divers  other  good  causes  and  considerations,  all  of  which 
are  hereby  acknowledged,  have  granted,  released,  and  as- 
signed ;  and  by  these  presents  1  do  hereby  grant,  release 
and  assign,  to  them  the  said  U.  V.,  W.  X.,  and  Y.  Z., 
and  to  the  survivor  of  them,  and  to  the  heirs  and  assigns  of 
such  survivor  all  that  parcel  of  land  and  estate  situated  in 
,  and  bounded  and  described  as  follows,  to  wit : 
with  all  the  privileges  and  appurtenances 
thereto,  excepting  and  reserving  however  to  myself  and  my 
heirs  and  assigns,  a  right  of  way  two  rods  wide,  from  the 
road  on  the  side  to  my  other  land  on  the  side 

of  the  hereby  granted  premises. 

To  have  and  to  hold  the  aforegranted  premises,  subject 
to  the  above  reservation,  to  them  the  said  U.  V.,  W.  X., 
and  Y.  Z.,  and  to  the  survivor  of  them,  and  to  the  heirs 
and  assigns  of  such  survivor,  forever,  as  joint  tenants,  and 
not  as  tenants  in  common.  To  the  use,  and  upon  the  spe- 
cial trust  and  confidence,  as  follows  ;  and  for  no  other  pur- 
pose whatsoever:  That  is  to  say,  that  the  said  U.  V. ,  W.  X., 
and  Y.  Z.,  and  the  survivor  of  them, —  and  the  heirs  and 
assigns  of  such  survivor,  shall  and  will,  from  henceforth, 
forever,  permit  the  inhabitants  of  the  said  town  of  , 

to  occupy  the  herein  granted  premises  as  a  training-field, 
and  walk,  or  play  ground  ;  on  the  condition  that  the  said 
inhabitants  shall  at  their  own  expense  forever  keep  the 
premises  inclosed  by  a  decent  fence,  and  shall  not  erect,  or 
permit  to  be  erected,  any  building  thereon.  And  I  do 
covenant  with  the  said  U.  V.,  W.  X.,  and  Y.  Z.,  and  the 
survivor  of  them,  and  the  heirs  and  assigns  of  such  survivor, 
that  they,  and  those  for  whose  use  the  premises  are  granted, 
provided  they  observe  the  terms  and  conditions  of  the  grant, 
shall  forever  hold  the  premises,  subject  to  the  right  of  way 
aforesaid,  free  of  all  claim  on  behalf  of  me  or  my  heirs. 

Ill  witness  whereof,  &.c. 


178 


[14]  Deed  and  Covenant  of  a  vendor  of  land  to  indemnify 
the  purchaser  from  the  dower  of  the  wife,  of  a  former  ven- 
dor thereof. 

To  all  persons  to  whom  these  presents  shall  come,  A.  B. 
of  ,  sends  greeting.  Whereas  Y.  Z.  of  ,  did 

by  deed  bearing  date  the  day  of  ,  for  the  con- 

sideration therein  named,  give,  grant,  &c,  unto  the  said 
A.  B.  a  certain  messuage  situated  in  ,  bounded  and 

described  as  follows  to  wit:  and  C.  Z.  the  wife  of 

said  Y.  Z.  who  is  still  living,  did  never  release  her  right  of 
dower  in  the  premises,  and  therein  she  will  be  entitled  to  be 
endowed,  on  the  contingency  of  her  surviving  the  said  Y.  Z. 
And  whereas  the  said  A.  B.  has  by  his  deed  bearing  even 
date  herewith,  for  the  consideration  therein  named,  given 
and  granted  the  said  estate,  in  fee  simple  to  O.  P.  of  , 

to  have  and  to  hold  the  same  to  him,  and  his  heirs  and 
assigns  forever. 

Now  know  ye,  that  the  said  A.  B.  in  consideration  of  the 
premises,  does  hereby,  for  himself,  his  heirs,  executors  and 
administrators,  covenant  to  and  with  the  said  O.  P.  his  heirs 
and  assigns,  that  he  the  said  A.  B.  his  heirs,  executors  and 
administrators,  shall  and  will,  from  time  to  time,  and  at  all 
times,  keep  the  said  O.  P.  his,  8tc,  and  the  snid  premises, 
and  all  who  may  be  concerned  therein,  free  and  discharged 
of,  from  and  against  all  claim  of  dower  in  the  premises,  to 
be  at  any  time  made  by  or  on  behalf  of  the  said  C.  Z.;  and 
against  all  actions,  suits,  losses  and  costs  the  same  con- 
cerning. 

ID  witness,  &c. 


[15]  Quit  Claim. 

Know  all  men  by  these  presents,  That  I,  A.  B.  of          , 
in  the  county  of          ,  and  state  of  ,  yeoman,  in  con- 

sideration of  to  me  paid  by  C.  D.  of  ,  the  re- 

ceipt whereof  is  hereby  acknowledged,  do  by  these  presents, 
grant,  remise,  release,  and  forever  Quit  Claim  unto  the  said 
C.  D.  his  heirs  and  assigns,  all  my  right,  title,  interest,  and 
estate,  in  and  to  that  messuage  situated  in  ,  bounded 

and  described  as  follows,  to  wit;  [here  detcribe  the  premises] 


DEEDS.  179 

To  have  and  to  hold  the  above  granted  premises,  with  all 
my  right,  title,  interest,  and  estate,  in  and  to  the  privileges 
and  appurtenances  to  the  said  land  and  tenements,  belong- 
ing to  him  the  said  C.  D.  his  heirs  and  assigns  forever. 

And  I,  the  said  A.  B.  for  myself  and  my  heirs,  executors, 
ind  administrators,  do  covenant  with  the  said  C.  D.  his 
heirs  and  assigns,  that  I  will,  and  my  heirs,  executors  and 
administrators,  shall  warrant  and  defend  the  same  to  the  said 
C.  D.  his  heirs  and  assigns  forever,  against  the  lawful 
claims  and  demands  of  all  persons,  claiming  by,  through,  or 
under  me  or  them,  and  none  other. 

In  witness  whereof,  I  the  said  A.  B.  have  hereunto  set 
my  hand  and  seal  this  first  day  of  March,  in  the  year  of  our 
Lord  eighteen  hundred  and  thirty-two. 

A.  B.       L.   8. 

Signed,  sealed  and  delivered  in  presence  of  us, 
M.  N. 
O.  P. 


[16]  Quit  Claim,  another  Form. 

Know  all  men  by  these  presents,  That  I,  A.  B.  of  , 
in  the  county  of  ,  and  state  of  ,  Gentleman,  in 

consideration  of  to  me  paid  by  C.  D.  of          ,  the  re- 

ceipt whereof  is  hereby  acknowledged,  do  by  these  presents, 
grant,  remise,  release,  and  forever  quit-claim,  unto  the  said 
C.  D.  his  heirs  and  assigns,  all  my  right,  title,  interest,  and 
estate,  in  and  to  a  lot  of  land,  situated  in  ,  bounded  and 
described  as  follows,  to  wit:  [here  describe  the  premises], 

To  have  and  to  hold  the  above-released  premises  to  him 
the  said  C.  D.  his  heirs  and  assigns,  and  to  his  and  their 
use  and  behoof  forever;  so  that  neither  I,  the  said  A.  B.  nor 
my  heirs,  nor  any  other  person  or  persons,  claiming  by,  from, 
or  under  me  or  them,  or  in  the  name,  right,  or  stead  of  me 
or  them,  shall  or  will,  by  any  way  or  means,  have,  claim,  or 
demand  any  right  or  title  to  the  above-released  premises,  or 
to  any  part  or  parcel  thereof,  forever. 

In  witness  whereof,  I  the  said  A.  B.  have  hereunto  set 
my  hand  and  seal  this  first  day  of  March,  in  the  year  of  our 
Lord  eighteen  hundred  and  thirty-two. 

A.  B.     L.  s. 

Signed,  sealed,  and  delivered,  in  presence  of  us, 


180 


[17]       Quit  Claim,  subject  to  a  prior  incumbrance. 

Know  all  men  by  these  presents,  that  I,  A.  B.  of  , 

in  consideration  of  to  me  paid  by  C.  D.,  of  , 

the  receipt  whereof  I  do  hereby  acknowledge,  do  hereby 
grant,  remise,  release,  and  forever  quit  claim  unto  him  the 
said  C.  D.j  his  heirs  and  assigns,  all  my  right,  title,  interest 
and  estate,  in  and  to  a  certain  farm,  situated  in  , 

bounded  and  described  as  follows,  to  wit: 

To  have  and  to  hold  the  above  remised  and  released 
premises,  to  him  the  said  C.  D.  his  heirs  and  assigns,  to  his 
and  their  use  and  behoof  forever.  And  I  the  said  A.  B. 
covenant  with  the  said  C.  D.,  his  heirs,  executors,  adminis- 
trators and  assigns,  that  I  will  warrant  and  defend  the  afore- 
granted  premises,  to  him  the  said  C.  D.,  his,  &c,  against 
the  lawful  claims  and  demands  of  all  persons  claiming  from, 
by,  or  under  me,  excepting  one  deed  of  mortgage  which  I 
made  of  the  above  granted  premises  to  E.  F.  of,  &c,  on 
the  first  day  of  March,  A.  D.  1830,  as  collateral  security  for 
the  payment  of  my  note  of  hand  to  said  E.  F.  for  one  thous- 
and dollars  in  three  years.  And  this  conveyance  is  made 
subject  to  the  said  mortgage,  and  on  the  condition  that  said 
C.  D.  shall  of  his  own  funds  pay  to  said  E.  F.  my  said  note 
of  one  thousand  dollars,  at  its  maturity,  and  cancel  and  de- 
liver up  the  said  note  of  hand  to  me. 

In  witness  whereof,  &.c. 

JVo/es.  All  deeds  should  be  signed  and  sealed  by  all  the 
parties  to  them.  And  they  should  be  witnessed.  The 
general  custom  is  to  have  two  witnesses  to  a  deed,  and  by 
law  in  some  places  this  is  an  indispensable  requisite. 

AH  deeds  conveying  an  interest  in  real  estate  should  be 
acknowledged  by  the  grantors  before  a  magistrate. 

On  this  subject  there  are  various  statute  provisions  in  the 
several  states  ot  the  Uuion.  In  some  of  them  the  magistrate 
must  affix  his  seal  to  the  certificate  of  acknowledgment. 
See  Acknowledgment,  (certificate  of.) 

Deeds  conveying  real  estate  must  be  recorded  according 
to  the  statute  provisions  in  the  several  states. 

The  foregoing  forms  are  chiefly  of  deeds  poll  —  or  naked 
grants,  or  grants  on  some  condition  by  one  party  to  another. 
And  these  forms  are  the  most  appropriate,  when  the  grant- 


DEEDS.  181 

ing  and  covenanting  is  all  done  by  one  party,  and  the  other 
party  only  receives. 

Deeds  by  indenture  are  most  proper  when  both  parties 
grant,  or  covenant,  to  do  something.  This  form  of  deeds 
was  heretofore,  and  in  some  places  is  yet  used  when  the 
granting  and  covenanting  is  all  on  one  part.  The  propriety 
of  a  deed  by  indenture  may  well  be  questioned  when  one 
party  grants  nothing,  and  makes  no  covenant;  not  even  that 
he  will  take  the  estate  conveyed  to  him  by  the  other  party. 
Yet  in  deference  to  usage  it  has  been  thought  proper  to  add 
some  forms  of  deed  by  indenture. 

When  a  man  grants  his  estate,  entire  and  free  of  incum- 
brance,  his  wife,  if  he  has  one,  should  join  in  the  deed,  to 
release  her  right  of  dower.  If  the  grantor  has  no  wife,  it 
would  be  found  often  convenient  if  that  fact  should  be  stated, 
as  follows —  '  In  witness  whereof  the  said  A.  B.  who  is  sole 
and  unmarried,'  &c. 


[18]  By  Executors. 

This  indenture,  made  the  second  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-two, 
between  A.  B.  and  C.  D.  of,  &c,  executors  of  the  last  will 
and  testament  of  E.  F.,  late  of,  &.c,  of  the  one  part,  and 
G.  H.,  of,  <fcc,  of  the  other  part.  Whereas  the  said  E.  F. 
by  virtue  of  divers  good  conveyances  and  assurances  in  law, 
duly  had  and  executed,  became  in  his  lifetime  lawfully  seiz- 
ed in  his  demesne,  as  of  tee  (amongst  other  lands)  of  and  in 
a  certain  messuage  or  tenement  and  tract  of  land,  situated 
in  the  township  of  ,  in  the  county  of  afore- 

said, containing  one  hundred  acres,  be  the  same  more  or 
less,  and  being  so  thereof  seised,  made  his  last  will  and  tes- 
tament in  writing,  bearing  date  the  fourth  day  of  July, 
A.  D.  one  thousand  eight  hundred  and  twenty,  wherein  and 
whereby  amongst  other  things,  he  ordered  that  the  whole  of 
his  real  estate  should  be  sold  by  his  executors  therein  after 
named,  of  which  said  will  he  appointed  the  said  A.  B.  and 
C.  D.  executors,  as  in  and  by  the  said  recited  will,  since  his 
decease  duly  proved,  and  remaining  in  the  Register's  office 
at  ,  recourse  being  thereunto  had,  appears.  Now 

this  indenture  witnesses,  that  the  said  A.  B.  and  C.  D. 
17 


182  DEEDS. 

executors  as  aforesaid,  for  and  in  consideration  of  the  sum 
of  two  thousand  dollars,  to  them  paid  by  the  said  G.  H.  at 
and  before  the  sealing  and  delivery  hereof,  the  receipt  where- 
of is  hereby  acknowledged,  have  granted,  bargained,  sold, 
aliened,  released,  and  confirmed,  and  by  these  presents,  by 
force  and  virtue  of  the  said  last  recited  will,  do  grant,  bar- 
gain, sell,  alien,  release,  and  confirm  unto  the  said  G.  H. 
all  that  above  mentioned  and  described  messuage,  &.c,  bound- 
ed and  described  as  follows:  Beginning,  &c,  [here  describe 
the  premises.] 

Together  with  all  and  singular  the  houses,  out-houses,  build- 
ings, privileges,  and  appurtenances  whatsoever  thereunto  ap- 
pertaining. And  also  all  the  estate,  right,  title,  interest,  pro- 
perty, claim,  and  demand  whatsoever  of  the  said  E.  F.  at  and 
immediately  before  the  time  of  his  decease,  in  law  or  equity, 
or  otherwise  howsoever,  of,  in,  to,  or  out  of  the  same. 
To  have  and  to  hold  the  said  messuage  or  tenement  and 
tract  of  one  hundred  acres  of  land,  hereditaments,  and  pre- 
mises hereby  granted,  or  mentioned  or  intended  so  to  be, 
with  the  appurtenances,  unto  the  said  G.  H.  his  heirs  and 
assigns,  to  the  only  proper  use  and  behoof  of  the  said  G. 
H.  his  heirs  and  assigns,  for  ever.  And  the  said  A.  B.  and 
C.  D.  executors  aforesaid,  for  themselves,  their  heirs,  exe- 
cutors, and  administrators,  do  severally  and  not  jointly,  nor 
the  one  for  the  other,  or  for  the  act  or  deed  of  the  other,  but 
each  for  his  own  acts  only,  covenant,  promise,  grant,  and 
agree,  to  and  with  the  said  G.  H.  his  heirs  and  assigns,  by 
these  presents,  that  they  the  said  A.  B.,  and  C.  I),  have 
not  heretofore  done  or  committed  any  act,  matter,  or  thing 
whatsoever,  whereby  the  premises  hereby  granted,  or  any 
part  thereof,  is,  are,  or  shall  or  may  be  impeached,  charged, 
or  encumbered,  in  title,  estate,  or  otherwise  howsoever. 

In  witness  whereof,  &c. 


[19]  Of  Partition. 

This  Indenture,  made,  &c,  [here  insert  the  parties.] 
Whereas  the  said  A.  B.  and  C.  D.  now  stand  seised  in  fee 
simple,  as  tenants  in  common,  of  and  in  a  certain  tract 
or  parcel  of  land,  situated  in  township  aforesaid, 

adjoining  lands  of  L.  M.,  N.  O.,  and  P.  Q.,  containing  one 


DEEDS.  183 

hundred  acres,  with  the  appurtenances.  Now  this  inden- 
ture witnesses,  that  the  parties  to  these  presents  have  agreed 
to  make,  and  by  these  presents  do  make,  a  full,  just,  and 
equal  partition  and  division  between  them,  of  and  in  the 
aforesaid  tract  of  land,  according  to  their  respective  shares 
and  interests  therein,  in  manner  following,  that  is  to  say  : 
That  the  said  A.  B.  and  his  heirs,  shall  have  all  that  piece 
or  allotment  of  land,  part  of  the  said  tract,  beginning,  &c, 
containing,  Stc. 

Together  with  the  messuages,  edifices,  buildings,  and  im- 
provements, on  the  said  described  piece  of  land,  and  all  the 
rights,  privileges,  and  appurtenances  whatsoever  thereunto 
belonging,  or  in  any  svise  appertaining,  and  the  profits  there- 
of. And  the  said  C.  D.  does  by  these  presents,  for  himself 
and  his  heirs,  give,  grant,  allot,  assign,  set  over,  release,  and 
confirm,  unto  the  said  A.  B.  and  to  his  heirs  and  assigns  for 
ever,  the  said  described  piece  or  allotment  of  land,  with  the 
appurtenances.  To  have  and  to  hold  to  him  the  said  A.  B. 
his  heirs  and  assigns,  to  the  only  proper  use  and  behoof  of 
him  the  said  A.  B.  his  heirs  and  assigns  for  ever,  in  severally 
as  his  and  their  full  part  thereof. 

And  that  the  said  C.  D.  and  his  heirs,  shall  have  all  that 
piece  or  allotment  of  land  (residue  of  the  said  tract)  begin- 
ning, &c,  containing,  &c,  together,  &c,  [the  same  as  before.] 

And  the  said  C.  D.  for  himself,  his  heirs,  executors,  and 
administrators,  does  covenant,  promise,  and  grant,  to  and  with 
the  said  A.  B.,  his  heirs  and  assigns,  by  these  presents,  that 
he  the  said  A.  B.  his  heirs  and  assigns,  shall  or  lawfully 
may  from  time  to  time,  and  at  all  times  hereafter,  for  ever, 
freely,  peaceably,  and  quietly,  have,  hold,  occupy,  possess, 
and  enjoy,  the  said  first  described  piece  or  allotment  of  land, 
containing,  &c,  with  the  appurtenances,  and  receive  and  take 
the  rents,  issues,  and  profits  thereof,  without  any  molesta- 
tion, interruption,  or  denial,  of  him  the  said  C.  D.  his  heirs 
or  assigns,  or  of  any  other  person  or  persons  whatsoever, 
lawfully  claiming,  or  to  claim  by,  from  or  under  him,  or  them, 
or  by  or  with  his,  or  their  act,  privity,  or  procurement.  And 
the  said  A.  B.  for  himself,  Sac.  [Here  insert  the  same  cove- 
nant from  A.  B.  to  C.  D.] 

In  witness  whereof,  the  said  parties  have  hereunto  set  their 
hands  and  seals,  dated  the  day  and  year  above  written. 


184 


[20]  Of  a  Water  Course. 

This  Indenture,  made,  &c,  [here  insert  the  parlies.] 
Whereas  the  said  A.  B.  and  C.  D.  at  the  time  of  the  seal- 
ing and  delivery  of  these  presents,  are  respectively  seised  in 
fee,  of  and  in  two  contiguous  tracts,  pieces,  or  parcels  of 
land,  with  the  appurtenances,  in  the  township  of 
aforesaid:  And  whereas  there  is  a  dam  and  race,  or  water- 
course, erected,  and  made,  in  and  upon  a  certain  run  or 
stream  of  water,  (called  ,)  within  the  land  of  the 

said  A.  B.  for  watering,  overflowing,  and  improving  meadow 
ground  thereon.  Now  this  indenture  witnesses,  That  said 
A.  B.  for  divers  good  causes  and  considerations,  and  more 
especially  for  and  in  consideration  of  the  sum  of  one  dollar, 
to  him  paid,  by  the  said  C.  D.  at  or  before  the  sealing  and 
delivery  hereof,  the  receipt  whereof  he  does  hereby  ac- 
knowledge, has  granted,  bargained,  sold,  released,  and  con- 
firmed, and  by  these  presents  does  grant,  bargain,  sell,  re- 
lease and  confirm  unto  the  said  C.  D.  and  to  his  heirs  and 
assigns,  all  the  water  of  the  said  run  or  stream  of  water,  to 
be  led  and  conveyed  from  the  said  dam,  along  the  race  or 
water  course  aforesaid,  into  the  said  land  of  the  said  C.  D. 
for  the  space  of  four  days  in  every  week,  to  wit  :  From 
Tuesday  evening,  at  sunset,  to  Saturday  evening  at  sunset, 
from  the  first  day  of  April,  to  the  first  day  of  October,  year- 
ly, and  every  year,  for  the  watering,  overflowing,  and  im- 
proving of  meadow  ground  on  the  land  of  the  said  C.  D. 
together  with  free  ingress,  egress,  and  regress,  to  and  for 
the  said  C.  D.  his  heirs  and  assigns,  and  his  and  their 
workmen,  with  horses,  carts,  and  carriages,  at  all  convenient 
times  and  seasons,  through  the  land  of  the  said  A  B.  his 
heirs  and  assigns,  in  and  along  the  banks  of  the  said  dam 
and  race  or  water-course,  for  the  amending,  cleansing,  and 
repairing  the  same,  with  liberty  and  privilege,  for  that  pur- 
pose, to  dig  and  take  stones  and  earth  from  the  adjacent  land 
of  the  said  A.  B.  when  and  as  often  as  need  be  or  occasion 
require:  To  have  and  to  hold  all  and  singular  the  premises 
and  privileges  hereby  granted,  or  mentioned,  or  intended  so 
to  be,  with  the  appurtenances,  unto  the  said  C.  D.  to  the 
only  proper  use  and  behoof  of  the  said  C.  D.  his  heirs,  and 
assigns  for  ever,  he  or  they  paying  one  moiety  or  half  part 
of  the  expenses  which  from  time  to  time  may  accrue,  in  sup- 


DEFEASANCES.  18o 

porting,  cleansing,  and  repairing,  the  dam  and  water-course 
aforesaid. 

In  witness,  &c. 


DEFEASANCES. 

A  Defeasance  is  an  instrument  making  a  deed,  executed 
before  and  made  absolute,  on  certain  conditions  void,  Co. 
Lit.  236;  but  it  is  no\v  seldom  used  as  a  distinct  instrument 
for  that  purpose;  a  proviso  in  the  deed  itself,  as  in  mortgages, 
&c,  sufficiently  answering  the  ends  of  a  defeasance.  Obli- 
gations, recognizances,  judgments,  &c,  are  most  commonly 
the  subject-matter  of  these  instruments. 

A  defeasance  of  a  Bond  and  Judgment. 

An  Indenture  made  between  A.  B.  of  , 

of  the  one  part,  and  C.  D.  of  ,  of  the  other  part. 

Whereas  the  said  C.  D.,  in  and  by  one  bond  or  obligation 
bearing  date  ,  does  stand  firmly  bound  unto  the  said 

A.  B.  in  the  penal  sum  of  ,  conditioned  for  the  pay- 

ment of  the  sum  of  ,  on  ,  as  in  and  by  the 

said  in  part  recited  bond  or  obligation,  with  the  condition 
there  underwritten,  may  more  fully  appear :  And  whereas 
the  said  A.  B.,  as  a  collateral  or  further  security  for  the 
payment  of  the  said  sum  of  ',  according  to  the  tenor 

of  the  said  in  part  recited  bond  or  obligation  in 
term  last,  in  the  court  of  at  ob- 

tained and  recovered  against  the  said  C.  D.  one  judgment 
of  debt,  besides  costs  of  suit,  as  by  the  records  of 

the  said  court  appears  :  Now  this  Indenture  witnesses, 
That  it  is  agreed  by  and  between  the  said  parties  to  these 
presents,  and  the  said  A.  B.  does  for  himself,  his  heirs,  ex- 
ecutors, and  administrators,  covenant,  grant,  promise,  and 
agree,  to  and  with  the  said  C.  D.,  his  executors  and  admin- 
istrators, by  these  presents,  that  if  the  said  C.  D.,  his  heirs, 
executors,  or  administrators,  shall  well  and  truly  pay  or 
cause  to  be  paid  unto  the  said  A.  B.,  his  executors,  admin- 
istrators, or  assigns,  the  aforesaid  sum  of  ,  at  the 
days  and  times  above  mentioned,  in  discharge  of  the  said  in 
part  recited  bond  or  obligation,  that  then  he  the  said  A.  B., 
17* 


186  DEPOSITIONS. 

his  executors,  administrators,  or  assigns,  shall  and  will,  after 
such  payment  made  at  the  request  and  at  (he  cost  of  the  said 
C.  D.,  his  executors  or  administrators,  in  due  form  of  law, 
acknowledge  satisfaction  upon  record  of  and  for  the  said 
judgment:  And  that  the  said  A.  B.,  his  executors,  adminis- 
trators, or  assigns,  shall  not,  before  default  be  made  in  pay- 
ment, as  aforesaid,  sue  forth  or  take  out  any  writ  or  process 
of  execution,  against  the  said  C.  D.,  his  heirs,  executors, 
or  administrators,  or  his  or  their  lands,  tenements,  goods,  or 
chattels,  or  any  of  them,  by  or  upon  the  said  judgment. 
Sealed,  &c. 


DEPOSITIONS. 

Depositions  are  now  usually  taken  for  actions  pending,  on 
commissions  issuing  from  courts.  But  they  are  also  taken 
before  a  magistrate,  on  notice  to  the  adverse  party.  The 
former  dangerous  practice  of  using  depositions,  taken  ear 
parte,  is  now  abandoned  in  most  of  the  States;  and  ex  parte 
depositions  are  now  rarely  used,  excepting  in  a  few  cases  of 
indispensable  necessity. 

Many  courts  have  established  particular  rules  to  be  ob- 
served in  executing  commissions  ;  and  in  some  States,  such 
rules  are  provided  by  statute.  When  there  are  such  rules, 
a  copy  of  them  should  be  sent  to  the  commissioners  with  the 
commission. 

When  there  are  no  such  rules,  the  following  may  be  used 
as  a  general  form  for  the  introduction  of  the  testimony. 


The    depositions   of    witnesses   produced,    sworn,   and 
examined,  on  the  %  day  of,  &c,  under  and  by  virtue 

of  the  commission  hereto  annexed,  issued  from  the 
Court,  directed  to  us  the  undersigned  commissioners  to  take 
the  depositions  of  U.  V.,  W.  X.,  and  Y.  Z.,  witnesses  called 
on  behalf  of  the  [plaintiff — or  defendant — as  the  case  may 
6e,]  U.  V.,  of  ,  aged  years  and  upwards,  be- 

ing produced,  sworn,  and  examined,  on  behalf  of  the  f  plain- 
tiff,  or  defendant^  in  the  action  in  which  the  commission  was 
issued,  does  depose  as  follows,  to  wit:  — 


DEPOSITIONS.  187 

To  the  first  direct  interrogatory,  he  says,  &.c,  [slating  his 
answer;  and  so,  to  the  second  and  all  the  other  direct  inter- 
rogatories.] 

And  if  there  be  cross-interrogatories,  they  must  be  an- 
swered as  follows:  — 

To  the  first  cross-interrogatory,  he  says,  £ic  ;  and  so  of 
all  of  them. 

When  all  the  interrogatories  are  answered,  the  witness 
should  subscribe  his  name  to  the  answers. 

And  the  commissioners  should  certify  thus:  — 
Examination  of  U.  V.,  taken ^ 

and  reduced  to  writing,  and  | 

by  the  witness    subscribed  [> 

and  sworn  to,  this 

day  before  us 

A.  B.} 

C.  D.  >  Commisssioners. 

E.  F.  ) 

And  if  there  be  more  witnesses  than  one,  the  testimony 
of  the  second  and  the  others  should  follow,  and  be  taken  in 
the  like  manner. 

It  is  most  proper  that  the  witness  should  be  sworn  before 
he  testifies.  And  the  commissioners  should  administer  to 
him  the  following  oath:  — 

'  You  solemnly  swear,  that  you  will  make  true  answers  to 
all  the  interrogatories  which  we  shall  submit  to  you,  and 
that  therein  you  will  declare  the  truth,  the  whole  truth,  and 
nothing  but  the  truth.  So  help  you  God.' 

Sometimes  by  the  requisition  of  the  commission,  or  by 
the  custom  of  the  State,  the  deponent  may  be  sworn  after 
his  testimony  is  reduced  to  writing  and  signed  —  and  then 
the  oath  may  be  as  follows:  — 

'  You  solemnly  swear,  that  these  answers  by  you  sub- 
scribed, to  the  interrogatories  which  we  have  submitted  to 
you,  contain  the  truth,  the  whole  truth,  and  nothing  but  the 
truth,  relative  to  the  matters  inquired  of.  So  help  you 
God.' 

In  some  of  the  United  States  and  State  Courts,  the  rules 
to  be  observed  in  taking  depositions,  are  embarrassingly 
minute.  Some  of  them  are  as  follow:  — 


188  DEPOSITIONS. 


Directions  according  to  the  Rtdes  of  the  Circuit  Court  of 
the  United  States  for  the  Third  Circuit,  addressed  to 
Commissioners  for  taking  testimony. 

Philadelphia,  March  1,  1832. 

GENTLEMEN, 

You  have  lately  received  a  commission,  issued  by  the 
Circuit  Court  of  the  United  States  in  and  for  the  District  of 
Pennsylvania,  in  the  Third  Circuit,  authorizing  one  of  you, 
namely  A.  B.,  in  connection  with  either  or  both  of  the  others, 
to  examine  witnesses  in  a  certain  cause  depending  in  the 
said  Court,  wherein  M.  N.  is  plaintiff,  and  O.  P.  is  defend- 
ant, upon  the  interrogatories  annexed  to  the  commission, 
and  for  your  guidance  I  beg  leave  to  add  the  following  in- 
structions: 

Having  agreed  upon  the  time  and  place  of  meeting,  of 
which  a  reasonable  notice  should  be  given  to  the  agent  who 
attends  to  the  execution  of  this  commission,  that  he  may  col- 
lect the  witnesses,  you  will  proceed  at  the  time  and  place 
appointed,  to  execute  the  commission  in  the  following 
manner: 

You  will  draw  up  on  paper,  preparatory  to  the  examina- 
tion of  the  witnesses,  the  following  heading,  style,  or  title,  of 
the  depositions:  viz.  —  '  Depositions  of  witnesses  produced, 
sworn,  (or  affirmed,)  and  examined  on  the  day  of 

,  in  the  year  of  our  ,  at  the  house  of  , 

in  the  city  of  Boston,  in  Massachusetts,  by  virtue  of  a  com- 
mission issuing  from  the  Circuit  Court  of  the  United  States 
in  and  for  the  district  of  Pennsylvania,  in  the  third  Circuit, 
to  A.  B.,  C.  D.,  and  E.  F.  directed,  for  the  examination 
of  witnesses  in  a  certain  cause  depending  in  said  court, 
wherein  M.  N.,  &c,  citizen  of  is  plaintiff,  and 

O.  P.,  of,  &c,  citizen  of  is  defendant.' 

You  will  next  administer  to  the  witness  whom  you  are 
about  to  examine,  an  oath  or  affirmation,  in  the  established 
form  of  the  place,  if  the  same  be  binding  upon  his  con- 
science, if  not,  you  will  administer  to  him  such  oath  or 
affirmation  as  may  be  binding  upon  his  conscience,  to  make 
true  answers  to  all  such  questions  as  shall  be  asked  upon  the 
interrogatories  annexed  to  the  commission,  without  favour  or 
affection  to  either  party,  and  therein  to  speak  the  truth,  the 
whole  truth,  and  nothing  but  the  truth. 

After  having  demanded  from  the  witness  his  name,  addi- 


DEPOSITIONS.  189 

lion  or  title,  and  age,  you  will  draw  up  in  writing  his  an- 
swers to  the  interrogatories,  as  follows:  —  '  ,  of  the 
city  of  ,  aged  years  or  thereabouts,  being 
produced,  sworn,  (or  affirmed,}  and  examined  on  behalf  of 
the  plaintiff,  (or  defendant,  as  the  case  may  be,}  deposes 
as  follows:  — 

'  1.  To  the  first  interrogatory  on  the  part  of  the  plaintiff, 
(or  defendant  as  the  case  may  be,}  he  answers  as  follows: 
and  then  set  down  his  answer. 

'  2.  To  the  second  interrogatory  on  the  part  of  the  plaintiff, 
(or  defendant  as  the  case  may  be,}  he  answers  as  follows:' 
and  so  on  through  the  rest  of  the  interrogatories,  until  the 
whole  are  answered. 

The  witness  must  then  subscribe  his  examination  with  his 
name,  or  his  mark,  if  he  cannot  write,  and  the  acting  com- 
missioners must  subscribe  their  names  opposite  to  his  signa- 
ture or  mark,  for  the  purpose  of  identifying  it,  and  must  also 
subscribe  their  names  at  the  bottom  of  every  page  of  testi- 
mony; and  if,  in  the  course  of  the  examination,  the  witness 
shall  produce,  or  refer  to  any  paper,  exhibit,  or  document, 
the  same  must  be  marked  by  some  letter  or  figure,  and  fur- 
ther identified  by  the  acting  commissioners  in  the  following 
manner:  '  This  is  the  paper,  exhibit,  or  document  referred 
to  by  in  his  examination,  as  the  paper  marked  A, 

&c;'  to  which  the  commissioners  and  the  witnesses  will  sign 
their  names. 

The  commissioners  are  requested  distinctly  to  observe 
that  every  question,  under  each  interrogatory,  must  be  an- 
swered by  the  witness,  if  it  be  merely  to  declare  that  he  is 
ignorant  of  the  matter  inquired  of;  and  that  an  omission  to 
answer  any  one  will  be  fatal  to  the  whole  examination. 
They  will  also  please  to  observe,  that  a  rigid  observance  of 
the  forms  herein  prescribed  is  essential,  and  that  the  dis- 
regard of  any  one  of  them,  may  render  their  labour  of  no 
effect. 

Having  in  this  manner  examined  all  the  witnesses  pro- 
ducedj-upon  all  the  interrogatories,  such  of  you  as  shall 
have  conducted  the  examination,  viz.  —  A.  B.,  and  with  him 
both  or  either  of  the  other  gentlemen,  (but  both  of  them 
should  be  notified  of  the  time  and  place  of  examination,  and 
if  one  of  them  takes  no  part  in  the  business,  it  should  never- 
theless be  certified  by  the  acting  commissioners  that  he  had 
notice  of  the  meeting,)  must  bind  up  the  depositions  and  ex- 


1 90  D  EPOSI TIONS. 

hibits  together  with  the  commission,  some  tape  passing  through 
and  connecting  the  whole;  and  you  will  then  make  the  fol- 
lowing indorsement  upon  the  commission:  '  The  execution 
of  this  commission  appears  in  a  certain  schedule  hereunto 
annexed;'  to  which  you  will  also  subscribe  your  names. 

Thus  prepared  and  executed,  you  will  enclose  the  same 
in  an  envelope,  sealed  with  your  respective  seals,  your  names 
written  across  or  by  the  side  of  Ihe  seals,  and  the  whole  ad- 
dressed to  The  Clerk  of  the  Circuit  Court  of  the  United 
States  for  the  District  of  Pennsylvania  in  the  Third  Circuit, 
at  Philadelphia. 

It  may  then  be  delivered  to  the  agent,  or  forwarded  by 
the  most  expeditious  and  safe  conveyance  to  the  address  of 
the  clerk  as  above,  or  under  cover  to  my  address,  (Phila- 
delphia.) I  am,  very  respectfully, 

your  obedient  servant, 

R.  S.  Attorney  to 

A.B,          ) 

C.  D.,  and  >  Esquires,  Commissioners. 

E.  F. 


The   Courts  in  New  York  have,  by  statute  provisions,  the 
following  Instructions  for  executing  the  Commission. 

1 .  The  commission  may  be  executed  by  any  two  of  the 
commissioners,  without  the  others,  but  all  the  commissioners 
should  have  notice  of  the  time  and  place  of  executing  it. 

2.  The  commissioners  will  examine  the  witnesses  sepa- 
rately upon  interrogatories  annexed  to  the  commission,  and 
will  first  administer  to  them  the  following  oath:  — 

'  You  are  true  answer  to  make  to  all  such  questions  as 
shall  be  asked  you  upon  these  interrogatories,  without  favour 
or  affection  to  either  party,  and  therein  you  shall  speak  the 
truth,  the  whole  truth,  and  nothing  but  the  truth.  So  help 
you  God.' 

3.  This  oath  being  administered,  the  general  style  or  title 
of  the  depositions,   preparatory  to  the   examination  of  the 
witness,  must  be  drawn  up  in  the  following  manner:  — 

'  Deposition  of  witnesses  produced,  sworn,  and  examined, 
on  the  day  of  ,  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  ,  under  and  by  vir- 

tue of  a  commission  issued  out  of  the  Court  of  Chancery  of 


DEPOSITIONS.  "*        191 

the  State  of  New  York  to  us  the  undersigned  Commis- 
sioners directed,  for  the  examination  of  U.  V.,  W.  X.,  and 
Y.  Z.,  witnesses  in  a  certain  cause  there  depending,  and  at 
issue  between  M.  N.,  plaintiff,  and  O.  P.,  defendant,  on 
the  part  and  behalf  of  the  plaintiff,  as  follows:'  — 

1  A.  B.,  of,  [insert  his  place  of  residence  and  occupation,] 
aged  years  and  upwards,  being  produced,  sworn, 

and  examined,  on  behalf  of  the  plaintiff,  in  the  title  of  these 
depositions  named,  does  depose  as  follows:  viz.  First,  To 
the  first  interrogatory  he  says,  &c,  [go  on  with  the  witnesses 
answer.]  (  Secondly,  To  the  second  interrogatory  he  says,' 
Stc,  and  so  on  throughout.  If  he  cannot  answer,  let  him  say 
that  he  knows  not. 

4.  If  there  be  any  cross-interrogatories,  the  witness  will 
go  on  thus:  — 

'  First.  To  the  first  cross-interrogatory  he  says,'  &c, 
and  so  on  throughout. 

5.  When  the  witness  has  finished  his  deposition,  let  him 
subscribe   it,   and   the   commissioners    will  certify   as  fol- 
lows: — 

*  Examination  taken,  reduced  to  writing,  and  } 
by  the  witness  subscribed  and  sworn  to,  this  > 
day  of  183    ,  before  us,    ) 

A.  B.  i 

C.  D.  >  Commissioners.' 
E.  F.  $ 

6.  If  the  deposition  consists  of  more  than  one  sheet,  the 
commissioners  should  set  their  names  in  the  margin,  or  at 
the  foot  of  each  half  sheet,  and  so  on  with  the  next  witness. 

7.  If  any  papers  are  referred  to  in  the  deposition,  and  are 
annexed   thereto,  they  must  be  endorsed   by  those  of  the 
commissioners  who  execute  the  commission,  in  this  man- 
ner: — 

'  At  the  execution  of  a  commission  for  the  examination  of 
witnesses,  between  M.  N.,  plaintiff,  and  O.  P.,  defendant, 
this  paper  writing  was  produced  and  shown  to  [insert  the 
witness's  name,]  and  by  him  deposed  unto  at  the  time  of  his 
examination,  before  us, 

A.  B.  ) 

C.  D.  >  Commissioners.' 

E.  F.  ^ 

8.  When  the  witnesses  are  examined,  their  depositions 
are  to  be  fairly  copied  on  paper,  and  subscribed  and  certi- 


192  ,          DEPOSITIONS. 

fied  as  above  mentioned,  after  which  the  commission  must  be 
endorsed  thus:  — 

'  The  execution  of  this  commission  appears  in  certain 
schedules  hereunto  annexed. 

A.  B.  } 

C.  D.  >  Commissioners.' 

E.  F.  J 

9.  The  depositions  must  be  annexed  to  the  commission, 
and  then  the  commission,  interrogatories,  and  depositions, 
must  be  folded  into  a  packet  and  bound  with  tape.     The 
commissioners  set  their  seals  in   the   several    meetings   or 
crossings  of  the  tape,  endorse  their  names  on  the  outside, 
and  directed  thus  :  — 

In  Chancery —  ") 

M.  N.          f 

v.  ? 

O.  P.  ) 

To  the  Honourable  the  Chancellor  of  the  State  of  New 
York,  care  of  John  Walworth,  Esquire,  Assistant  Regis- 
ter, New  York. 

10.  When  the  commission  is  thus   executed,  made  up, 
and  directed,  it  may  be  delivered  to  the  Court  by  one  of  the 
commissioners  personally,  or  it  may  be  forwarded  by  some 
person  coming  to  this  place,  and  who  must  be  able,  on  his 
arrival,  to  make  oath  before  one  of  the  Judges:  — 

'  That  he  received  the  same  from  the  hands  of  A.  B.,  one 
of  the  commissioners,  and  that  it  has  not  been  altered  or 
opened  since  he  so  received  it.' 

[Or  if  no  person  is  coming  to  this  place,  who  will  under- 
take to  deliver  the  commission  in  person,  the  commissioners 
will  forward  it  by  the  best  conveyance  that  offers  ;  by  mail, 
if  within  the  United  Slates.] 

*#*  The  commissioners  are  requested  to  be  very  careful 
to  observe  the  foregoing  Instructions,  as  the  smallest  varia- 
tion may  vitiate  the  execution  of  the  commission. 

Let  the  bearer  of  the  commission  be  instructed  to  call,  on 
his  arrival  at  this  place,  upon  R.  S.,  who  will  inform  him 
how  to  dispose  of  it. 


Forms  of  taking  depositions  on  notice  in  Massachusetts. 
One  in  the  case  of  an  action  pending  in  court. 


DEPOSITIONS.  193 

Notice  to  the  adverse  party. 

\..  s.  ss. 

To  C.  D.  of  ,  in  the  county  of  , 

Whereas  A  B.  of  ,  in  the  county  of  has 

requested  me  to  take  the  deposition  of  of  in 

the  county  of  to  be  used  in  an  action  of  pend- 

ing  between   you  and  the   said  A.  B.,  and  the  house  of 
in  and  the  day  of  in  the 

year  of  our  Lord  at  of  the  clock  in  the 

noon,  are  appointed  the  time  and  place  for  the  said 
deponent  to  testify  what  he  knows  relating  to  the  said  ac- 
tion ;  you  are  hereby  notified  that  you  may  then  and  there 
be  present,  and  put  such  interrogatories  as  you  may  think 
fit.  Given  under  my  hand  and  seal,  at  on  the 

day  of  in  the  year  of  our  Lord,  &c. 

O.  P.  Justice  of  the  Peace. 


Summons  to  the  Deponent. 


L.  S. 


To  of  in  the  county  of  Greeting. 

Whereas  has  requested  me  to  take  your  deposition 

to  be    used   in   an  action   now  pending  between   him  find 
.     And  the  house  of  in  ,  and 

the  day  of  at  o'clock  in  the  noon, 

are  appointed  the  time  and  place  for  taking  the  same  depo- 
sition: You  are  hereby  required  in  the  name  of  the  Com- 
monwealth of  Massachusetts,  then  and  there  to  appear,  to 
testify  what  you  know  relating  to  the  said  action. 

Hereof  fail  not.     Given   under   my  hand  and   seal  this 
day  of  in  the  year  of  our  Lord  one  thou- 

sand eight  hundred  and 

O.  P.  Justice  of  the  Peace. 


Caption. 
ss. 

On  the  day  of  in  the  year  of  our  Lord 

,  the  aforesaid  deponent  was  examined,  and  cau- 
1R 


194  DEPOSITIONS. 

tioned  and  sworn  (or  affirmed)  agreeable  to  law,  to  the  de- 
position aforesaid  by  him  subscribed.  Taken  at  the  request 
of  and  to  be  used  in  an  action  of  now  pend- 

ing between  him  and  before  (here  name  the  court, 

justice,  referees  or  arbitrators,)  and  the  adverse  party  was 
notified,  and  was  (or  was  not)  present,  (as  the  case  may  be.) 
The  said  deponent  living  more  than  thirty  miles  from  the 
place  of  trial,  (or  being  about  to  go  out  of  the  Common- 
wealth, and  not  to  return  in  time  for  the  trial,  or  being 
bound  on  a  voyage  to  sea,  or  being  so  sick,  or  being  so  in- 
firm, or  being  so  aged,  as  to  be  unable  to  travel,  and  attend 
at  the  trial,)  is  the  cause  of  taking  this  deposition. 

O.  P.  Justice  of  the  Peace. 

Such  deposition   aforesaid  should  be   sealed  up  by  the 
magistrate  taking  it,  and  directed  as  follows: 

To  the  Honourable  Justices  of  the  Court, 

next  to  be  holden  at  within  and  for  the  county 

of  on  the  next. 

The  deposition  of  to  be  used  in  the  case  of 

A.  B.  v.  C.  D.  now  pending  in  said  Court. 
Taken  and  sealed  up  by  me, 

O.  P.  Justice  of  the  Peace. 


Deposition  in  perpetual  remembrance. 

Notice  to  adverse  Party. 
L.  s.  ss. 

To  of  in  the  county  of  Greeting. 

Whereas  has  requested  us  to  take  the  deposition 

of  of  in  the  county  of  relative  to 

(here  state  the  matter  to  which  the  deposition  relates)  to  be 
preserved  in  perpetual  remembrance  of  the  thing 
And  the  house  of  in  and  the  day  of 

at  o'clock  in  the  noon,  are  appoint- 

ed the  time  and  place  for  the  said  deponent  to  testify  what 
he  knows  relating  to  the  said  matter. 

You  are  hereby  notified  that  you  may  then  and  there  be 
present,  and  put  such  interrogatories  as  you  may  think  fit. 


DEPOSITIONS.  195 

Gvien  under  our  hands  and  seals  this  day  of 

iu  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and 

M.  N.  )  Justices  of  the  Peace 
O.  P.   5        Quorum  Unus. 


Summons  to  Deponent. 
L.  s.  ss. 

To  of  in  the  county  of  Greeting. 

Whereas  A.  B.  of  in  the  county  of  has 

requested  us  to  take  your  deposition  in  relation  to,  (here 
state  the  matter]  to  be  preserved  in  perpetual  remembrance 
of  the  thing.  And  the  house  of  in  and  the 

day  of  at  o'clock  in  the  noon, 

are  appointed  the  time  and  place  for  taking  the  same  depo- 
sition: You  are  hereby  required  in  the  name  of  the  Com- 
monwealth of  Massachusetts,  then  and  there  to  appear,  to 
testify  what  you  know  relating  to  the  said  matter. 

Hereof  fail  not.     Given  under  our  hands  and  seals  this 
day  of  in  the  year  of  our  Lord  one  thous- 

and eight  hundred  and 

M.  N.  )  Justices  of  the  Peace 
O.  P.    S       Quorum  Unus. 


Form  of  the  Caption  of  a  Deposition  in  perpetuam. 
Commonwealth  of  Massachusetts. 

ss.         Town  of 

This  day  of  in  the  year  of  our  Lord 

,  personally  appeared  before  us,  the  subscribers, 
two  Justices  of  the  Peace,  in  and  for  the  county  of 
quorum  unus,  the  aforesaid  deponent,  and  after  being  care- 
fully examined,  and  duly  cautioned  to  testify  the  whole  truth 
and  nothing  but  the  truth,  made  oath  (or  affirmed)  that  the 
foregoing  deposition  by  him  subscribed,  is  true.  Taken  at 
the  request  of  to  be  preserved  in  perpetual  re- 

membrance of  the  thing.     And  we  duly  notified 
who  attended.     Or  wt  knowing  any  persons  liv- 


196 


DEPOSITIONS. 


ing  within  this  Commonicealth,  (or  having  any  known  agent 
or  attorney  therein}  interested  in  the  property  (or  matter} 
whereto  the  aforesaid  deposition  relates,  did  itot  notify  any 
persons  to  attend. 

M.  N.  )  Justices  of  the  Peace 
O.  P.   $        Quorum  Unus. 

In  the  Courts  of  Rhode  Island,  where  they  sometimes 
permit  depositions  to  be  taken  without  notice  to  the  adverse 
party,  when  the  deposition  is  taken  out  of  the  state,  the  fol- 
lowing is  the  form  of  caption. 

State  of  Massachusetts. 

City  of  Boston,  ss.  On  this  thirteenth  day  of  March, 
A.  D.  1832,  came  Y.  Z.  the  aforesaid  deponent,  who  being 
by  me  first  carefully  examined,  cautioned  and  sworn  to  tes- 
tify the  truth,  the  whole  truth,  and  nothing  but  the  truth, 
gave  the  preceding  deposition,  which  was  reduced  to  writing 
by  me,  and  by  him  subscribed  in  my  presence. 

Said  deposition  is  taken  at  the  request  of  C.  D.  of,  &c, 
to  be  used  in  the  trial  of  an  action  to  be  heard  and  tried  be- 
fore the  Supreme  Judicial  Court  to  be  holden  at  Providence, 
within  and  for  the  county  of  Providence,  in  the  state  of 
Rhode  Island,  on  the  third  Monday  of  March,  A.  D.  1832, 
in  which  action  A.  B.  of,  &c,  is  plaintiff,  and  the  said  C.  D. 
is  defendant.  The  adverse  party  not  residing  in  this  state, 
or  within  twenty  miles  of  the  place  of  taking  this  deposition, 
and  having  no  known  agent  or  attorney  within  this  state,  or 
that  distance,  was  not  notified  or  present  at  the  taking  here- 
of. I  also  certify  that  I  am  not  attorney  for  either  of  the 
parties,  or  interested  in  the  event  of  the  suit. 

O.  P.  Justice  of  the  Peace. 

The  deposition,  after  being  completed,  and  sealed  by  the 
magistrate,  should  be  addressed  as  follows: 

To  the  Honourable  Supreme  Judicial  Court,  to  be  holden 
at  Providence,  in  the  state  of  Rhode  Island,  on  the  third 
Monday  of  March,  A.D.  1832.  Inclosed  is  the  deposition 
of  Y.  Z.  taken  and  sealed  up  by  me. 

O.  P.  Justice  of  the  Pence. 


EXCHANGES.  197 

In  the  United  States,  and  some  of  the  particular  states, 
by  statute  provision,  judges  of  certain  courts,  or  particular 
magistrates  alone  are  empowered  to  take  depositions.  But 
in  general,  where  there  is  no  special  provision,  any  justice 
of  the  peace,  qualified  to  act  under  his  commission,  is 
authorized  to  take  a  deposition. 


EXCHANGES. 

./Votes.  — •  A  short  summary  of  the  doctrine  of  exchanges 
may  be  found  in  2  Bl.  Com.  323,  and  3  WUs.  Rep.  483. 

To  what  extent  the  doctrine  of  exchanges  may  be  recog- 
nized in  this  country,  is  not  clearly  ascertained.  Yet  con- 
tracts of  this  kind  by  indenture,  whereby  one  estate  is  simply 
exchanged  for  another,  are  sometimes  found  convenient. 
The  following  may  serve  as  a  form :  — 

Of  Lands  in  Fee. 

This  Indenture,  made  the  day  of  ,  be- 

tween A.  B.,  of  ,  of  the  one  part,  and  C.  D.,  of 

,  of  the  other  part,  Witnesses,  that  the  said  A. 
B.  has  given  and  granted,  and  by  these  presents  does  give 
and  grant,  unto  the  said  C.  D.,  one  field  or  close  of  free- 
hold land,  called  or  known  by  the  name  of  ,  &c, 
with  all  and  every  of  their  appurtenances,  situated,  lying, 
and  being  in  ,  in  the  county  of  ,  for  and  in 
exchange*  of  and  for  all  the  lands,  tenements,  and  heredita- 
ments of  the  said  C.  D.,  called  or  known  by  the  name  of 

,  in  aforesaid,  in  the  said  county  of 

To  have  and  to  hold  the  ssid  field  or  close  to  the 

said  C.  D.,  his  heirs  and  assigns  for  ever,  for  and  in  ex- 
change of  and  for  the  said  lands,  tenements,  and  heredita- 
ments, called  ,  with  the  appurtenances  :  and  the  said 
A.  B.  does  covenant  viz.:  [to  free  from  incum- 
brances,  tyc,]  .  And  the  said  C.  D.  has  likewise,  on 
his  part,  given  and  granted,  and  by  these  presents  does  fully, 
freely,  and  absolutely  give  and  grant,  unto  the  said  A.  B., 

*    *  An  express  covenant  for  further  assurance,  and  a  special  proviso 
for  re-entry  in  case  of  eviction  are  used  in  conveyancing  in  England. 
18* 


198  GIFTS. 

his  heirs  and  assigns,  all  those  lands,  tenements,  and  here- 
ditaments aforesaid,  with  the  appurtenances,  called  or  known 
by  the  name  of  ,  situated,  lying,  and  being  in 

aforesaid,  in  the  said  county  of,  Stc.  To  have  and  to  hold  the 
said  lands,  tenements,  and  hereditaments,  Sec,  to  the  said 
A.  B.,  his  heirs  and  assigns,  for  ever,  for  and  in  exchange 
of  and  for  the  said  field  or  close  of  land,  &c.  Provided  al- 
ways, nevertheless,  and  these  are  upon  this  condition,  and 
it  is  the  true  intent  and  meaning  of  the  parties  hereunto,  that 
if  it  shall  happen  that  either  of  the  said  parties  to  these  pres- 
ents, their  heirs,  executors,  administrators,  or  assigns,  shall 
at  any  time  hereafter  by  colour  or  means  of  any  Ibrmer  or 
other  gift,  grant,  bargain,  or  sale,  or  otherwise  howsoever, 
be  ousted  or  evicted  of  and  from  the  possession  of  either  of 
the  said  messuages  or  tenements,  and  other  the  premises  so 
respectively  granted  in  exchange,  as  aforesaid,  or  any  part 
thereof,  then  and  in  such  cases,  these  presents,  and  every 
matter  and  thing  therein  contained,  shall  be  utterly  void  and 
of  no  effect,  and  then  and  thenceforth  it  shall  and  may  be 
lawful  to  and  for  the  party  or  parties  so  ousted  or  evicted, 
into  his  or  their  said  former  messuage  or  tenement  and  pre- 
mises, with  all  and  singular  the  appurtenances  to  re-enter, 
and  the  same  to  have  again,  repossess,  and  enjoy,  as  of  his 
and  their  former  estate  or  estates  :  any  thing  herein  con- 
tained to  the  contrary  thereto  in  any  wise  notwithstanding. 
In  witness,  &c. 


GIFTS. 
[1]  A  Gift  of  Land. 

This  Indenture,  made  this  day  of  ,  be- 

tween A.  B.,  of,  &c,  of  the  one  part,  and  C.  B.,  of,  &c, 
son  of  the  said  A.  B.,  of  the  other  part,  Witnesses,  That 
the  said  A.  B.,  for  and  in  consideration  of  the  natural  love 
and  affection  which  he  has  unto  the  said  C.  B.,  has  given, 
granted,  aliened,  released,  and  confirmed,  and  by  these  pre- 
sents does,  &c,  unto  the  said  C.  B.,  his  heirs  and  assigns, 
all  that  messuage  or  tenement,  situated,  &c,  together  with 
the  privileges  and  all  things  appurtenant  thereto,  and  all  the 
estate,  right,  title,  and  interest,  of  him  the  said  A.  B.  in  and 
thereto. 


GIFTS.  199 

To  have  and  to  hold  the  said  messuage,  and  all  the  ap- 
purtenances thereof,  to  him  the  said  C.  B.,  his  heirs  and 
assigns,  to  his  and  their  proper  use  and  behoof  for  ever.  — 
[Md  covenants  of  warranty  against  incumbrance,  &>cy  in 
common  form,  as  the  donor  pleases .] 

In  testimony  whereof,  &c. 

JVb/es.  —  Such  deeds  should  be  acknowledged  and  re- 
corded. 

The  consideration  of  love  and  natural  affection  is  good 
between  the  parties,  and  would  bar  those  claiming  by  in- 
heritance under  the  donor.  But  such  consideration  is  not 
sufficient  to  protect  the  donee  in  the  possession  of  the  gift 
against  the  claims  of  prior  creditors  of  the  donor,  when  they 
legally  seize  the  estate  given,  in  satisfaction  of  their  de- 
mands. 


[2]  Of  Personal  Estate. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of  the 
borough  of  Wilmington,  in  the  state  of  Delaware,  merchant, 
for  and  in  consideration  of  the  natural  love  and  affection 
which  1  bear  unto  rny  daughter  C.  B.,  and  for  her  better 
preferment  in  marriage,  and  the  increase  of  her  portion;  and 
also  in  consideration  of  the  sum  of  one  dollar  to  me  paid 
by  my  said  daughter  C.  B.,  at  and  before  the  sealing  and 
delivery  hereof,  the  receipt  whereof  I  do  hereby  acknowl- 
edge, have  given,  granted,  bargained,  and  sold,  and  by  these 
presents  do  give,  grant,  bargain,  and  sell  unto  my  said 
daughter,  C.  B.,  all  the  goods  and  chattels  following,  to  wit, 
&c,  [or  all  those  goods  and  chattels  mentioned  and  express- 
ed in  the  schedule  or  writing  hereunto  annexed.']  To  have 
and- to  hold  all  and  singular  the  premises,  hereby  given  and 
granted,  unto  the  said  C.  B.,  my  daughter,  her  executors  and 
administrators,  for  ever,  as  her  and  their  own  proper  goods 
and  chattels.  In  witness  whereof  I  have  hereunto  set  my 
hand  and  seal,  this  day  of 

A.  B.       L.  B. 

Witness, 


200  GRANT. 

GRANT. 

[1]  Of  an  Annuity  or  Rent  Charge. 

This  Indenture,  made  the  ,  between  A.  B.,  of 

,  of  the  one  part,  and  C.  B.,  of  the 

same  place,  yeoman,  father  of  the  said  A.  B.,  of  the  other 
part,  witnesses,  that  the  said  A.  B.,  for  divers  good  causes 
and  considerations,  and  especially  for  and  in  consideration  of 
the  sum  of  one  dollar,  to  him  paid  by  the  said  C.  B.,  at  and 
before  the  sealing  and  delivery  hereof,  the  receipt  whereof 
he  does  hereby  acknowledge,  has  given,  granted,  and  con- 
firmed, and  by  these  presents  does  give,  grant,  and  confirm 
unto  the  said  C.  B.,  his  executors,  administrators,  and 
assigns,  and  to  Mary  B.  the  wife  of  said  C.  B.  one  annuity, 
or  yearly  rent-charge,  of  five  hundred  dollars,  lawful  money, 
to  be  received,  taken,  had,  and  issuing  out  of  all  that  mes- 
suage, &.c,  which  the  said  C.  B.,  and  Mary  his  wife,  by  deed 
indented  under  their  hands  and  seals,  bearing  date  the  , 
granted  unto  the  said  A.  B.,  in  fee,  with  all  and  singular  the 
hereditaments  and  appurtenances  thereunto  belonging,  and 
every  part  and  parcel  thereof :  To  have  and  to  hold  the  said 
annuity  or  yearly  rent-charge  of  five  hundred  dollars  unto 
the  said  C.  B.,  his  executors,  administrators,  and  assigns, 
and  to  the  said  Mary  for  and  during  the  natural  life  of  the 
said  C.  B.  and  Mary  his  wife,  the  father  and  mother  of  the 
said  A.  B.,  and  the  life  of  the  survivor  of  them,  payable, 
and  to  be  paid  in  and  upon  the  first  day  of  January,  first  day 
of  April,  first  day  of  July,  and  first  day  of  October,  in 
each  and  every  year,  by  even  equal  portions;  and  if  it  shall 
happen,  that  the  said  annuity  or  yearly  rent-charge  of  five 
hundred  dollars,  or  any  part  thereof,  shall  be  behind,  and 
unpaid  in  part  or  in  the  whole,  by  the  space  of  thirty  days, 
next  after  any  of  the  days  or  times  of  payment,  whereon  the 
same  should,  or  of  right  ought  to  be  paid  as  aforesaid,  then 
and  so  often  as  it  shall  so  happen,  and  at  nil  times  thereafter, 
it  shall  and  may  be  lawful  to  and  for  the  said  C.  B.,  his 
executors,  administrators,  and  assigns,  and  to  the  said  Mary, 
into  the  above  premises,  or  into  any  part  thereof,  to  enter, 
and  distrain  for  the  said  annuity  or  rent-charge,  and  the  dis- 
tress and  distresses,  then  and  there  found  and  taken,  to  take 
lead,  drive,  carry  away,  and  impound,  and  the  same  impound- 


GRANT.  201 

ed  to  detain  and  keep,  at  the  proper  risk  and  charges  of  the 
said  A.  B.,  his  heirs  and  assigns,  for  the  space  of  ten  days: 
And  if  within  the  same  space  often  days,  payment  and  satis- 
faction of  the  said  annuity  or  yearly  rent  charge  be  not 
made,  then,  and  at  any  time  thereafter,  the  same  distress 
and  distresses  to  expose  and  sell  by  a  public  auction,  or 
vendue,  for  the  best  price  that  they  may  bring,  and  after  the 
said  annuity  or  yearly  rent-charge,  and  the  arrearages 
thereof,  be  fully  paid  and  satisfied,  together  with  the  cost  and 
charges  thereabout,  the  overplus,  if  any  be,  to  return  to  the 
said  A.  B.,  his  executors,  administrators,  or  assigns.  And 
the  said  A.  B.,  for  himself,  his  heirs,  executors,  and  admin- 
istrators, does  covenant,  promise,  grant,  and  agree,  to  and 
with  the  said  C.  B.,  his  heirs,  executors,  administrators,  and 
assigns,  and  the  said  Mary,  by  these  presents,  That  the  said 
A.  B.,  his  heirs  and  assigns,  shall  and  will  well  and  truly 
pay,  or  cause  to  be  paid  unto  the  said  C.  B.,  his  exe- 
cutors, administrators,  and  assigns,  and  to  the  said  Mary,  the 
said  annuity  or  yearly  rent-charge  of  five  hundred  dollars, 
above  mentioned,  in  and  upon  the  several  days  and  times 
above  mentioned,  in  manner  and  form  above  expressed,  ac- 
cording to  the  true  intent  and  meaning  of  these  presents. 
Provided  always,  nevertheless,  That  if  the  said  A.  B.,  his 
heirs  or  assigns,  shall  and  do  allow,  Stc,  [as  in  a  bond  for 
tnainlenance]  then  and  in  such  case  he  the  said  A.  B.,  his 
heirs,  executors,  administrators,  and  assigns,  shall  pay  or 
cause  to  be  paid  to  the  said  C.  B.,  his  executors,  adminis- 
trators, and  assigns,  or  the  said  Mary,  the  sum  of  six  cents 
only  [if  demanded,]  in  and  upon  each  of  the  days  and  times 
aforesaid,  while  the  provisions  and  accommodations  aforesaid, 
are  duly  found,  given,  and  delivered,  according  to  the  true 
intent  and  meaning  of  these  presents,  in  lieu  and  instead  of 
the  full  quarterly  payment  of  one  hundred  and  twenty-five 
dollars  which  shall  then  be  due.  In  witness  whereof,  we 
have  hereunto  set  our  hands  and  seals,  this  day  of 

A.  B.     L.  s. 
C.  B.     L.  s, 
Sealed  and  delivered 
in  presence  of 

E.G. 

F.  G, 


[2]  Of  a  Reversion  of  an  Estate  of  Freehold. 

To  all  persons  to  whom  these  presents  shall  come,  I  A. 
B.,  of,  Sic,  send  greeting.  Whereas  C.  B.,  my  father,  has 
and  holds  for  the  term  of  his  natural  life,  a  certain  tenement 
with  its  appurtenances,  situated  in  ,  and  bounded 

and  described  as  follows,  to  wit:  —  ,  the  reversion 

whereof  belongs  to  me  the  said  A.  B.  and  my  heirs.  Now 
therefore  know  ye,  that  I,  the  said  A.  B.,  in  consideration 
of  the  sum  of  ,  to  me  paid  by  O.  P.,  of,  &c,  the 

receipt  whereof  is  hereby  acknowledged,  have  given,  grant- 
ed, bargained,  sold,  and  conveyed,  and  by  these  presents  I 
do  give,  &c,  unto  the  said  O.  P.,  his  heirs  and  assigns,  the 
reversion  or  remainder  of  the  said  tenement  and  its  appurte- 
nances, after  the  decease  of  my  said  father. 

To  have  and  to  hold  the  said  reversion  or  remainder,  and 
the  said  estate  after  the  decease  of  my  said  father,  to  him 
the  said  O.  P.,  his  heirs  and  assigns,  to  his  and  their  use 
and  behoof  forever. 

And  I,  the  said  A.  B.,  for  myself,  my  heirs,  executors, 
and  administrators,  do  covenant  with  the  said  O.  P.,  his 
heirs  and  assigns,  that  at  the  present  time  I  am  lawfully 
seized  in  fee  of  the  reversion  or  remainder  of  said  tenement, 
immediately  after  the  decease  of  the  said  C.  B.  ;  that  the 
said  reversion  or  remainder  now  is,  and  the  said  tenement 
and  appurtenances  immediately  after  the  decease  of  the  said 
C.  B.  shall  be  free  from  all  manner  of  incumbrance;  that  I 
have  good  right  and  lawful  authority  to  sell  the  said  rever- 
sion or  remainder  to  the  said  O.  P.  as  aforesaid;  and  that, 
after  the  decease  of  the  said  C.  B.,  1  will,  and  my  heirs, 
executors,  and  administrators,  shall,  warrant  and  delend  the 
said  tenement  and  appurtenances  to  the  said  O.  P.,  his  heirs 
and  assigns  for  ever,  against  the  lawful  claims  and  demands 
of  all  persons.  In  witness  whereof,  Sec. 


[3]  Of  a  Reversion  after  a  Term  of  Years. 

To  all  persons  to  whom  these  presents  shall  come,  A.  B., 
of,  &c,  sends  greeting. 

Whereas  the  said  A.  B.,  by  indenture,  bearing  date  the 


GRANT.  203 

day  of  ,  for  the  consideration  of  , 

in  the  said  indenture  mentioned,  did  demise,  &c,  \follo\c  the 
language  of  the  lease,]  to  Y.  Z.,  of,  &c,  all  those  parcels  of 
land  and  estate,  situated  in  ,  bounded  and  describ- 

ed as  follows,  to  wit:  —  ,  to  hold  the  same  to  the 

said  Y.  Z.,  his  executors,  administrators,  and  assigns,  for 
the  term  of  years,  as  in  and  by  said  indenture  ap- 

pears. JVow  know  ye,  that  I,  the  said  A.  B.,  in  considera- 
tion of  ,  to  me  paid  by  O.  P.,  of,  &c,  the  receipt 
whereof  is  hereby  acknowledged,  have  given,  granted,  bar- 
gained, sold,  and  conveyed;  and  by  these  presents  I  do  give, 
grant,  bargain,  sell,  and  convey,  to  the  said  O.  P.,  his  heirs 
and  assigns,  the  reversion  of  all  and  every  part  of  said  lands 
and  estate,  with  all  the  appurtenances  thereof,  after  the  ex- 
piration of  said  term  of  years. 

To  have  and  to  hold  the  said  reversion,  to  him  the  said  O. 
P.,  his  heirs  and  assigns,  to  his  and  their  use  and  behoof 
forever.  And  I,  the  said  A.  B.,  for  myself,  my  heirs,  ex- 
ecutors, and  administrators,  do  covenant  with  the  said  O. 
P.,  his  heirs  and  assigns,  that  I  am  lawfully  seized  in  fee 
of  the  said  reversion  of  said  estates,  that  the  same  are  free 
of  all  incumbrances,  the  before  mentioned  indentures  of  lease 
excepted  ;  that  I  have  good  right  and  lawful  authority  to  sell 
and  convey  the  said  reversion  to  the  said  O.  P.  as  aforesaid; 
and  that,  after  the  expiration  of  the  said  lease,  I  will,  and 
my  heirs,  executors,  and  administrators,  shall,  warrant  and 
defend  the  said  parcels  of  land  to  him  the  said  O.  P.,  his 
heirs  and  assigns,  against  the  lawful  claims  and  demands  of 
all  persons.  In  testimony  whereof,  Sec. 


[4]  By  a  Tenant  for  Life. 

Know  all  men  by  these   presents,  that  I,  A.  B.,  of,  &c, 
in  consideration  of  the  sum  of  ,  to  me  paid  by  C. 

D.,  of,  .Stc,  the  receipt  whereof  is  hereby  acknowledged, 
have  given,  granted,  sold,  and  conveyed,  and  by  these  pre- 
sents 1  do  give,  grant,  sell,  and  convey,  to  the  said  C.  D., 
his  executors  and  administrators,  a  dwelling  house,  garden, 
and  out  building,  now  in  my  possession,  situated  in  , 

bounded  and  described  as  follows,  to  wit,  Stc,  with  all  the 
privileges  to  the  same  appertaining. 


204  INDENTURE. 

To  have  and  to  hold  the  aforegranted  premises  to  him  the 
said  C.  D.,  his  executors  and  administrators,  to  his  and  their 
use  and  behoof,  for  and  during  the  natural  life  of  me,  the 
said  A.  B.  And  I,  the  said  A.  B.,  for  myself,  my  heirs, 
executors,  and  administrators,  do  covenant  with  the  said  C. 
D.,  his  executors  and  administrators,  that  I  am  lawfully 
seized  of  the  herehy  granted  premises  for  and  during  my 
natural  life  ;  that  1  have  good  right  to  sell  and  dispose  of  the 
use  thereof  during  the  term  of  my  natural  life  ;  that  I  have 
not  made  or  suffered  any  incumbrance  on  my  said  life  estate 
in  the  premises  ;  and  that  the  said  C.  D.,  his  executors  and 
administrators  shall  peaceably  and  quietly  enjoy  the  same 
for  and  during  the  term  of  my  natural  life,  free  and  dis- 
charged of  and  from  the  lawful  claims  and  demands  of  all 
persons.  In  testimony  whereof,  &c. 


INDENTURE. 

Indenture  is  an  instrument  made  by  two  or  more  persons, 
wherein  each  engages  to  do,  or  abstain  from  doing,  some- 
thing. It  usually  begins,  'This  Indenture  made,'  &.c. 

It  is  the  most  convenient  form  of  contract,  when  all  the 
contracting  parties  have  something  to  do  and  perform.  It 
is  generally  the  form  adopted  in  making  leases,  assignments, 
and  other  similar  contracts,  as  well  as  for  binding  out  appren- 
tices, &c. 

[1]  Of  Apprenticeship. 

This  Indenture  witnesses,  that  C.  B  ,  of  ,  has 

put  and  placed,  and  by  these  presents  does  put  and  bind  out 
his  son  A.  B.,  and  the  said  A.  B.  does  hereby  put,  place, 
and  bind  out  himself  as  an  apprentice  to  O.  P.,  to  learn  the 
ait,  trade,  or  mystery  of  .  The  said  A.  B.,  after 

the  manner  of  an  apprentice  to  dwell  with  and  serve  the  said 
O.  P.  from  the  day  of  the  date  hereof,  until  the 
day  of  ,  which  will  be  in  the  year  of  our  Lord 

,  at  which  time  the  said  apprentice,  if  he  should  be 
living,  will  be  twenty-one  years  of  age.  During  all  which 
time  or  term,  the  said  apprentice  shall  well  and  faithfully 
serve  his  said  master  ;  keep  his  secrets,  and  every  where  at 


INDENTURE.  205 

all  times  readily  obey  his  lawful  commands  ;  he  shall  do  no 
damage  to  his  said  master,  nor  wilfully  suffer  any  to  be  done 
by  others,  and  if  any  to  his  knowledge  be  intended,  he  shall 
give  his  master  seasonable  notice  thereof.  He  shall  not 
waste  the  goods  of  his  said  master,  nor  lend  them  unlawfully 
to  any  ;  he  shall  not  play  at  cards,  dice,  or  any  other  un- 
lawful game  ;  he  shall  not  contract  matrimony  during  the 
said  term  ;  he  shall  not  haunt  or  frequent  taverns,  tippling 
houses,  or  places  of  gaming  ;  he  shall  not  absent  himself 
from  the  service  of  his  said  master  ;  but  in  all  things,  and  at 
all  times,  he  shall  carry  and  behave  himself  as  a  good  and 
faithful  apprentice  ought,  during  the  whole  time  or  term 
aforesaid. 

And  the  said  O.  P.,  on  his  part,  does  hereby  covenant, 
promise,  and  agree,  to  teach  and  instruct  the  said  appren- 
tice, or  cause  him  to  be  taught  and  instructed  in  the  said  trade, 
and  to  read  and  write,  and  cypher  as  far  as  the  rule  of  three, 
if  the  said  apprentice  be  capable  to  learn  ;  and  shall  well  and 
faithfully  find  and  provide  for  the  said  apprentice,  good  and 
sufficient  meat,  drink,  clothing,  lodging,  and  other  necessa- 
ries fit  and  convenient  for  such  an  apprentice,  during  the 
term  aforesaid,  and  at  the  expiration  thereof,  shall  give  unto 
the  said  apprentice,  two  suits  of  wearing  apparel,  one  suita- 
ble for  Sundays,  and  the  other  for  working  days. 

In  testimony  whereof,  the  said  parties  have  hereunto  in- 
terchangeably set  their  hands  and  seals  the  day  of 
,  in  the  year 

C.  B.     L.  s. 

A.  B.     L.  s. 

O.   P.       L.   S. 

Signed,  sealed,  and  delivered, 
in  presence  of  us, 

E.  F. 
G.  H. 


[2]  By  Overseers  of  the  Poor. 

This  Indenture  witnesses,  That  C.  D.  and  E.  F.,  over- 
seers of  the  poor  of  the  township  of  in  the  count/ 
of                   ,  have  put  and  placed,  and,  by  virtue  of  an  act 
of  assembly  of  the  state  of                  ,  entitled  '  An  Act  for 
19 


206  INDENTURE. 

the  relief  of  the  poor,'  do  hereby,  with  the  approbation  and 
consent  of  W.  X.  and  Y.  Z.,  esquires,  two  of  the  justices 
of  the  peace  for  the  said  county,  put  and  place,  and  bind  out 
A.  B.  one  of  the  paupers  of  said  town,  &c. 


[3]  Of  Servitude. 

This  indenture  witnesses,  That  A.  B.,  aged  about  ten 
years,  by  and  with  the  consent  and  advice  of  her  mother  C. 
B.,  of  ,  widow,  and  for  and  in  consideration  of  the 

sum  of  dollars,  paid  to  the  said  mother  by  D.  E.,  of 

,  as  also  for  other  good  causes,  has  bound  and  put 
herself,  and  by  these  presents  does  bind  and  put  herself,  ser- 
vant to  the  said  D.  E.,  to  serve  him,  his  executors,  adminis- 
trators, and  assigns,  from  the  day  of  the  date  hereof,  for  and 
during  the  full  term  of  eight  years,  thence  next  ensuing, 
during  all  which  term  the  said  servant  her  said  master,  his 
executors,  administrators  or  assigns,  faithfully  shall  serve, 
and  that  honestly  and  obediently  in  all  things,  as  a  good  and 
dutiful  servant  ought  to  do  :  And  the  said  D.  E.,  his  execu- 
tors, administrators  and  assigns,  during  the  said  term,  shall 
find  and  provide  for  the  said  A.  B.  sufficient  meat,  drink, 
apparel,  lodging,  and  washing;  and  at  the  expiration  thereof, 
shall  give  to  her  the  customary  freedom  dues.  In  witness. 
&c. 


[4]      To  bind  as  a  servant,  a  Minor  of  the  age  of  fourteen 
years  or  upwards,  by  a  father  or  mother. 

This  Indenture  witnesses,  That  A.  B.,  of,  &c,  has  put 
and  placed,  and  by  these  presents  does  put,  place  and  bind 
out  his  (or  her)  son  C.  B.,  and  the  said  C.  B.  does  hereby 
consent  to  be  put,  placed  and  bound  out  upon  the  terms 
herein  expressed,  as  a  servant  to  R.  P.,  to  [here  the  par- 
ticulars of  his  service  may  be  mentioned]  and  the  said  A. 
B.  does  hereby  covenant  with  the  said  R.  P.,  that  lie  the 
said  C.  B.  shall  as  a  servant  as  aforesaid,  dwell  with  and 
serve  the  said  R.  P.,  from  the  day  of  the  date  of  these  pre- 
sents until  the  day  of  ,  which  will  be  jn 
the  year  of  our  Lord 


INDENTURE.  207 

B  ,  if  he  shall  be  living,  will  be  twenty-one  years  of  age. 
During  all  which  time  or  term,  the  said  C.  B.  his  said  mas- 
ter as  a  servant  well  and  faithfully  shall  serve  ;  his  secrets 
keep,  and  his  lawful  commands  every  where  at  all  times 
readily  obey  ;  he  shall  do  no  damage  to  his  said  master,  nor 
wilfully  suffer  any  to  be  done  by  others  ;  and  if  any  to  his 
knowledge  be  intended,  he  shall  give  his  master  seasonable 
notice  thereof.  He  shall  not  waste  the  goods  of  his  said 
master,  nor  lend  them  unlawfully  to  any  ;  at  cards,  dice,  or 
any  other  unlawful  game  he  shall  not  play  ;  he  shall  not  con- 
tract matrimony  during  the  said  term  ;  taverns,  ale-houses, 
or  places  of  gaming,  he  shall  not  haunt  or  frequent  :  From 
the  service  of  his  said  master  he  shall  not  absent  himself; 
but  in  all  things  and  at  all  times  he  shall  carry  and  behave 
himself  as  a  good  and  faithful  servant  ought,  during  the 
whole  time  or  term  aforesaid. 

And  the  said  R.  P.,  on  his  (or  her)  part  does  hereby 
promise,  covenant  and  agree,  &c,  [here  insert  the  terms  to 
be  performed  on  the  part  of  the  master.] 

In  testimony  whereof,  &.c. 


[5]  If  the  Minor  be  bound  by  a  Cruardian 

This  Indenture  witnesses,  That  A.  B.,  of,  &.c,  guardian 
of  C.  D.,  a  minor,  above  the  age  of  fourteen  years,  son  of 
E.  F.,  late  of,  &c,  deceased,  has  put  and  placed,  and  by 
these  presents,  with  the  consent  of  the  said  C.  D.  does  put 
and  place  him  the  said  C.  D.,  a  servant  to  R.  P.,  of,  &c, 
to  [as  in  the  last  form.] 


[6]     If  the  Minor  have  no  parent  or  guardian,  and  is  to 
be  bound  with  the  approbation  of  the  Selectmen. 

This  Indenture  witnesses,  That  C.  D.  a  minor,  above  the 
age  of  fourteen  years,  now  resident  in  ,  in  the 

county  of  ,  in  the  Commonwealth  of  Massachu- 

setts, having  no  father,  mother,  or  guardian,  within  the  said 
commonwealth,  has  put  and  placed,  and  with  the  approba- 
tion of  the  selectmen,  (or  the  major  part  of  the  selectmen) 


208  INSOLVENTS. 

of  the  said  town  of  ,  does  by  these  presents,  put, 

place,  and  bind  out  himself,  as  a  servant  to  R.  P.,  of,  &c, 
to  [as  before.] 


[7]  By  his  Guardian. 

This  Indenture  witnesses,  That  A.  B.,  of,  &.c,  guardian, 
legally  appointed,  of  C.  D.,  a  minor  under  the  age  of  four- 
teen years,  son  of  E.  F.,  late  of,  Stc,  deceased,  has  put 
and  placed,  and  by  these  presents  does  put  and  place  the 
said  C.  D. 


INSOLVENTS. 

Petition  to  give  bond  —  Pennsylvania  form. 

To  the  honourable  E.  K.,  president  judge  of  the  Court  of 
Common  Pleas,  of  Philadelphia  County,  the  Petition  of 
C.  D.,  respectfully  shows:  — 

That  your  petitioner  is  now  in  custody,  under  , 

issued  by  E.  F.,  at  the  suit  of  G.  H.  That  your  petitioner 
has  resided  in  the  county  of  Philadelphia  for  six  months  im- 
mediately preceding  this  his  application.  Your  petitioner 
therefore  prays  your  Honour,  that  he  may  be  permitted,  in 
order  to  procure  his  discharge,  to  give  bond  to  the  plaintiff 
in  said  suit,  in  such  penalty,  and  with  such  security,  as  your 
Honour  may  direct  and  approve,  agreeably  to  the  acts  of 
assembly,  entitled  '  A  supplement  to  the  Act,  entitled  An 
Act  for  the  relief  of  Insolvent  Debtors,  and  the  farther  sup- 
plement thereof;'  and  that,  on  his  complying  with  the  pro- 
visions of  the  said  acts,  he  may  be  discharged. 

Affidavit  of  Surety. 

Richard  Roe,  the  surety  proposed  in  the  above  case,  be- 
ing duly  sworn  [or   affirmed,]  says   that   he  is  worth  one 
hundred  dollars  after  payment  of  all  his  debts  and  responsi- 
bilities whatsoever.  RICHARD  ROE. 
Sworn  and  subscribed  before  me,  this 
first  day  of  July,  A.  D.,  1829. 

S.  B. 
One  of  the  Aldermen  of  the  city  of  Philadelphia. 


INSOLVENTS.  209 

N.B.  The  security  should  appear  to  be  worth  the  penal 
sum  in  the  bond,  over  and  above  the  goods  and  chattels 
which  by  the  laws  of  the  several  States,  he  is  -allowed  to  re- 
tain against  his  creditors,  under  an  execution,  or  a  distress 
for  rent. 

Bond. 

Know  all  men  by  these  presents,  That  we,  John  Doe  and 
Richard  Roe,  of  the  city  of  Philadelphia,  merchants,  are 
held  and  firmly  bound  unto  Robert  Fenn,  of  the  said  city, 
hatter,  in  the  sum  of  one  hundred  dollars,  lawful  money  of 
the  United  States  of  America,  to  be  paid  to  the  said  Robert 
Fenn,  his  executors  and  administrators;  to  which  payment 
well  and  truly  to  be  made,  we  do  bind  ourselves,  our  heirs, 
executors,  and  administrators,  jointly  and  severally,  firmly 
by  these  presents.  Sealed  with  our  seals,  dated  the  first  day 
of  July,  one  thousand  eight  hundred  and  twenty-nine. 

Whereas  the  above  bound  John  Doe  has  been  arrest- 
ed in  execution  at  the  suit  of  the  said  Robert  Fenn,  for  the 
sum  of  fifty  dollars:  And  the  said  John  Doe  having  made 
application  to  the  Honourable  Edward  King,  president 
judge  of  the  court  of  Common  Picas  of  the  county  of  Phila- 
delphia, in  compliance  with  the  provisions  of  the  Act  of  the 
General  Assembly  of  the  Commonwealth  of  Pennsylvania, 
passed  the  twenty-eighth  of  March,  one  thousand  eight  hun- 
dred and  twenty,  entitled  'A  supplement  to  the  act,  entitled 
A  supplement  to  the  act,  entitled  An  act  for  the  relief  of  In- 
solvent Debtors,'  passed  the  twenty-ninth  of  January,  one 
thousand  eight  hundred  and  twenty,  to  give  bond  to  the  said 
Robert  Fenn,  with  such  security  as  should  be  required  and 
approved  by  the  said  judge:  And  the  said  judge  upon  the 
said  application,  having  required  security  in  the  sum  of  one 
hundred  dollars,  and  having  approved  of  the  said  Richard 
Roe  as  security  for  the  said  sum:  Now  the  condition  of  this 
obligation  is  such,  that  if  the  above  bound  John  Doe  shall 
be  and  appear  at  the  next  Court  of  Common  Pleas  for  the 
county  of  Philadelphia,  then  and  there  take  the  benefit  of 
the  insolvent  laws  of  this  Commonwealth,  and  surrender 
himself  to  the  gaol  of  the  said  county,  if  he  fail  to  comply 
with  all  things  required  by  law  to  entitle  him  to  be  discharg- 
ed, and  generally  abide  all  orders  of  the  said  court,  then 
19* 


210  INSOLVENTS. 

this  obligation  to  be  void,  otherwise  to  remain  in  full  force 
and  virtue.  JOHN  DOE.  L.  s. 

RICHARD  ROE.     L.  s. 
Sealed  and  delivered  in 
the  presence  of  us, 
A.  B. 
C.  D. 

Discharge  from  Custody. 
R.  F. 


K.  F.    ) 

vs.     } 
J.  D.    j 


Before  Alderman  S.  B. 


Discharge  the  aboye  named  Defendant,  he  having  given 
bond  to  the  said  Plaintiff,  with  surety  approved  by  me,  the 
subscriber,  E.  K.  President  Judge  of  the  Court  of  Common 
Pleas  for  the  City  and  County  of  Philadelphia,  agreeably  to 
the  provisions  of  the  act  of  assembly,  passed  the  29th  of 
January,  1820,  entitled  'A  Supplement  to  an  act  for  the  re- 
lief of  Insolvent  Debtors,'  and  the  supplement  thereto,  pass- 
ed on  the  28th  of  March,  1820,  on  paying  jail  fees,  if  any 
due.  —  Witness  my  hand,  this  day  of  E.  K. 

1830. 

To  the  sheriff,  constable,  or  other  person,  having  the 
defendant  in  custody. 

Final  Petition. 

To  the  Honourable  the  Judges  of  the  Court  of  Common 
Pleas  of  Philadelphia  County,  the  petition  of  John  Doe 
respectfully  shows: 

That  your  petitioner,  by  reason  of  sundry  losses  and  mis- 
fortunes, is  now  unable  to  pay  and  satisfy  his  just  debts,  and 
therefore  is  compelled  to  apply  to  your  honourable  court  for 
the  relief  provided  for  insolvent  debtors,  by  the  existing  in- 
solvent laws  of  this  Commonwealth;  that  your  petitioner  has 
resided  within  the  county  of  Philadelphia  six  months  imme- 
diately preceding  this  his  application,  and  is  now  willing  and 
offers  to  deliver  up  to  the  use  of  his  creditors,  all  his  proper- 
ty, real,  personal,  and  mixed,  to  which  he  is  in  any  manner 
entitled,  a  schedule  whereof,  together  with  a  list  of  his 
creditors,  and  the  nature  and  amount  of  their  debts,  as  far 
as  he  can  ascertain  the  same,  with  a  statement  of  his  losses, 


INSOLVENTS.  211 

and  the  means  whereby  he  became  insolvent,  are  exhibited 
with  and  annexed  to  this  petition. 

Your  petitioner  therefore  applies  to  your  honourable 
court,  and  prays  that  your  honours  will  grant  him  such  relief 
as  is  prescribed  by  the  existing  insolvent  laws  of  this  Com- 
monwealth. 


avit. 

John  Doe,  the  above  named  petitioner  being  duly  sworn 
[or  affirmed  as  the  case  may  be]  according  to  law,  says, 
that  the  annexed  schedule  contains  a  just  and  true  account 
of  all  the  property,  real,  personal,  and  mixed,  to  which  he 
is  in  any  manner  entitled  ;  and  that  the  list  of  his  creditors, 
and  the  nature  and  amount  of  their  debts,  as  far  as  he  can 
ascertain  the  same,  and  the  statement  of  his  losses,  and  the 
means  whereby  he  became  insolvent,  exhibited  with  and  an- 
nexed to  this  petition,  are  likewise  true,  just,  and  correct,  to 
the  best  of  his  knowledge  and  belief. 

Sworn  and  subscribed  before  me,  this  twentieth  day  of 
June,  A.  D.  18C29.  J.  S. 

Schedule  of  all  the  Property,  Real,  Personal,  and  mixed,  to 
which  the  within-named  Petitioner  is  in  any  manner  entitled. 


Uolls. 

Cl* 

House  in  Second  Street,  value, 

2500 

00 

Schooner  Jane,  now  at  sea, 

1250 

00 

Old  sails,  ropes,  and  anchors, 

75 

00 

Goods  in  store, 

3210 

00 

Household  furniture,  valued  at, 

750 

00 

Good  book  debts,  as  per  leger, 
Doubtful  ditto. 

2242 
535 

5C 
25 

Bad         ditto, 

3420 

12 

Cash  on  hand, 

15 

37 

13998 

24 

212 


INSOLVENTS. 


List  of  the  within-named  Petitioner's  Creditors,  and  the  nature 
and  amount  of  their  debts  as  far  as  he  can  ascertain  tht 
same. 


Dolls. 

Cu. 

Bank  of  the  United  States,  promissory  note, 
Bank  of  Pennsylvania,                 ditto, 
Stephen  Girard,  promissory  note, 
John  Simmons,  for  rigging, 

4000 
2500 
3500 
350 

00 
00 
00 
00 

James  Stewart,  biscuit,  &c, 

157 

25 

Samuel  Jones,  repairing  schooner, 

125 

12 

David  Emlen,  dry  goods, 

54 

18 

Simon  Smart,  groceries, 
A.  B.,  C.  D.,E.  F.,  G.H.,  &c,&c. 

25 

42 

Statement  of  the  within  named  Petitioner's  Losses,  and  the 
means  whereby  he  became  insolvent. 


Lost  by  sugar  and  coffee,  in  the  years  1827,  1828, 

by  rum,  in  the  years  1827,  1828, 

by  bad  debts,  in  four  years, 
House  expenses.     Physician's  bills,  &c, 
Stock  on  band, 


Assignment. 

For  a  valuable  consideration,  I  hereby  assign,  transfer, 
and  set  over  unto  John  Denn  and  Richard  Fenn,  their  heirs 
and  assigns,  all  my  estate,  real,  personal  and  mixed,  to 
which  I  am  in  any  manner  entitled,  for  the  use  of  all  my 
creditors. 

Witness  my  hand  and  seal  this  second  day  of  July,  A.  D. 
one  thousand  eight  hundred  and  twenty-nine. 

JOHN  DOE.     L.  s. 
Witnesses  present, 
A.  B. 
C.  D. 


JOINTURE.  213 

JOINTURE. 

Jl  Jointure  settled  on  an  intended  Wife. 

This  Indenture,  made  this  first  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-two,  be- 
tween A.  B.  of  ,  of  the  first  part,  O.  P.  of  , 
of  the  second  part,  and  R.  S.  of  ,  widow  of  the  third 
part,  witnesses,  That  the  said  A.  B.  in  consideration  of  a 
marriage  to  be  had  and  solemnized  between  him  and  the 
said  R.  S.  does  for  himself,  his  heirs  and  assigns,  covenant, 
grant  and  agree,  to  and  with  the  said  O.  P.  his  heirs  and 
assigns,  that  he  the  said  A.  B.  his  heirs  and  assigns,  shall 
and  will  forever  hereafter,  stand  seised  of  and  in  that  mes- 
suage, &c,  situated,  &c,  whereof  he  is  now  actually  and 
lawfully  seized  in  fee  simple,  to  the  uses  following,  that  is 
to  say,  to  the  use  of  him  the  said  A.  B.,  for  and  during  the 
term  of  his  natural  life,  without  impeachment  of  waste;  and 
after  his  said  marriage  with  the  said  R.  S.,  and  after  his  de- 
cease, to  the  use  of  the  said  R.  S.  so  long  as  she  shall 
remain  his  widow,  and  unmarried,  without  impeachment  of 
waste,  for  her  jointure,  and  in  lieu  and  in  satisfaction  of  her 
whole  right  of  dower  in  his  estate,  and  after  his  decease, 
and  the  expiration  of  her  said  estate,  to  the  use  of  his  the 
said  A.  B.'s  heirs  and  assigns  forever.  And  the  said  A.  B. 


in  consideration  of  the  premises,  and  of  one  dollar  to  him 
paid  by  each  of  the  other  persons  parties  hereto,  of  the  other 
parts,  does  for  himself,  his  heirs,  executors  and  administra- 
tors, covenant  and  agree  to  and  with  the  said  O.  P.  who  is 
the  brother  of  said  R.  S.,  his  executors  and  administrators, 
that,  said  marriage  being  solemnized,  he  the  said  A.  B.  will 
carefully  and  according  to  his  best  skill  and  judgment,  hus- 
band, manage,  and  preserve  her  estate,  which  she  now  has, 
and  which,  during  the  said  marriage,  she  may  acquire  or 
become  entitled  to  by  descent,  distribution  or  otherwise,  and 
take  and  reserve  to  his  own  use  only  the  interest  and  income 
thereof  during  the  said  marriage,  and  at  the  expiration  there- 
of, he  the  said  A.  B.  will  by  his  last  will  and  testament,  or 
otherwise  have  secured  to  her,  if  she  shall  survive  him,  or 
to  her  heirs  at  law,  if  he  shall  survive  her,  all  her  said  es- 
tate, excepting  the  use  and  income  thereof,  during  the  said 
marriage,  and  excepting  such  as  shall  be  consumed  by  use, 


214  JOINTURE. 

or  lost,  diminished  or  impaired,  by  casualty  or  unfortunate 
investment :  And  that  the  said  R.  S.  at  any  and  all  times 
during  her  life,  shall  have  power  by  her  appointment  testa- 
mentary to  name  and  designate  the  person  or  persons  who 
shall  take  and  have  any  part  or  the  whole  of  her  said  estate 
after  her  decease. 

And  the  said  R.  S.  in  consideration  of  the  premises,  and 
of  one  dollar  to  her  paid  by  the  said  A.  B.  does  for  herself, 
he/  heirs,  executors  and  administrators,  covenant  and  agree 
with  the  said  A.  B.  that  the  said  messuage  so  assigned  for 
her  use  shall  be  in  full  satisfaction,  and  instead  of  all  her 
right  of  dower  in  said  A.  B.'s  estate,  if  she  should  survive 
him;  and  that  she  shall  be  forever  barred  and  estopped  from 
claiming  and  receiving  any  thing  else  as  and  for  her  dower 
in  his  the  said  A.  B.'s  real  estate,  in  case  of  her  surviving 
him;  and  further  that  if  said  marriage  shall  be  had,  and 
thereupon  she  shall  survive  him,  that  she  will  not  claim,  de- 
mand, or  receive  any  share  in  his  the  said  A.  B.'s  personal 
estate;  but  she  wholly  renounces  her  right  thereto.  Pro- 
vided however,  that  the  said  A.  B.  shall  fulfil  and  keep  his 
covenants  herein  contained,  and  have  and  secure  her  said 
estate  to  her,  her  heirs  or  appointees  as  is  herein  provided. 
And  the  said  O.  P.  for  himself,  Stc,  does  covenant  with  the 
said  R.  S.,  &c,  that  he  the  said  O.  P.  will  faithfully  execute 
the  powers  given,  and  duly  enforce  the  covenants  made  to 
him  by  said  A.  B.  as  is  herein  provided,  for  the  benefit  of 
her  the  said  R.  S.  and  her  heirs  and  appointees. 

In  witness  whereof,  &c. 

JVbfes.  —  To  make  a  good  jointure  four  things  must  be 
observed. 

1.  It  must  take  effect  on  the  death  of  the  husband. 

2.  It  must  be  for  the  widow's  life,  and  not  pour  outer  vie,  or 
for  a  term  of  years,  or  any  smaller  estate. 

3.  It  must  be  made  to  herself,  and  to  no  other  person,  for 
her  use. 

4.  It  must  be  made,  and  in  the  deed  expressed  to  be  in  full 
satisfaction  for  her  whole  right  of  dower,  and  not  for  any 
particular  part  of  it. 

2  Bl  Com.  137. 

A  jointure  cannot  safely  be  trusted  to  be  made  by  any  but 
a  skilful  conveyancer  —  for  unless  the  rules  of  law  are 


LEASES.  215 

strictly  followed  in  its  provisions,  it  will  be  void,  or  fail  to 
operate  in  the  manner  the  parties  intended. 


LEASES. 

[1]  A  General  Form. 

This  Indenture  made  this  first  day  of  April,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-two,  by  and 
between  A.  B.  of  gentleman,  and  C.  D.  of 

trader  witnesses, :    That  the  said  A.  B.  has  agreed  to 

lease,  demise,  and  let,  and  he  does  hereby  lease,  demise, 
and  let,  unto  the  said  C.  D.  the  dwelling-house,  house  lot 
and  out  buildings,  situated  in  bounded  and  describ- 

ed as  follows,  to  wit: 

To  have  and  to  hold  the  same  to  him  the  said  C.  D.  his 
executors,  administrators  and  assigns,  to  his  and  their  use, 
for  and  during  the  full  term  of  five  years  from  the  day  of  the 
date  hereof,  on  the  terms  and  condition  that  the  said  C.  D. 
shall  pay  therefor  the  yearly  rent  of  five  hundred  dollars, 
during  the  said  term,  in  the  manner  herein  after  provided. 
And  the  said  A.  B.  for  himself,  his  executors,  and  ad- 
ministrators, covenants  with  the  said  C.  D.,  his  executors, 
administrators  and  assigns,  that  he  and  they  mav,  and  shall, 
occupy  the  hereby  leased  premises  during  the  term  aforesaid, 
peaceably,  and  quietly,  and  free  from  all  claim  and  demand 
of  every  and  all  other  persons. 

And  the  said  C.  D.  for  himself,  his  executors,  adminis- 
trators and  assigns,  does  covenant  with  the  said  lessor  and 
his  legal  representatives,  that  he  the  said  lessee  will  pay  to 
said  lessor,  yearly  and  in  every  year  during  said  term,  the 
sum  of  five  hundred  dollars,  as  the  annual  rent  of  the 
premises,  to  be  paid  in  quarter  yearly  payments  of  one  hun- 
dred and  twenty-five  dollars  each,  on  every  first  day  of  July, 
October,  January,  and  April,  during  said  term.  And  the 
said  lessee  as  aforesaid,  does  further  promise  the  said  lessor 
as  aforesaid,  that  he  the  said  lessee  will  also  during  the  said 
term  truly  and  fully  pay  and  discharge  all  the  taxes  and  du- 
ties that  shall  be  levied  on  the  hereby  leased  premises  during 
said  term.  And  it  is  farther  agreed  between  the  parties 
hereto,  that  the  said  lessee  shall  not  during  the  said  term, 


216  LEASES. 

make  or  suffer  any  waste  of,  or  in  the  premises;  that  he 
will  not,  during  said  term,  make  or  suffer  to  be  made  any 
alteration  of  or  in  said  estate  without  the  consent  of  the  les- 
sor; and  that  at  the  end  of  said  term  the  said  lessee  shall 
deliver  and  give  possession  of  the  premises  to-  said  lessor  in 
as  good  order  as  the  same  are  now  in,  or  may  be  put  in  by 
the  lessor,  reasonable  wear,  fire  and  other  unavoidable  casu- 
alties excepted;  and  that  at  all  times  during  the  said  term 
the  lessor  may  enter  to  view  the  premises,  and  make  improve- 
ments thereon,  and  that  he  may  expel  the  lessee  if  he  shall 
fail  or  neglect  to  fulfil  the  covenants  herein  on  his  part  pro- 
vided. And  it  is  farther  agreed  as  aforesaid  that  if  during 
the  term  the  said  house  shall  be  destroyed  by  fire  or  other 
unavoidable  casualty,  thereupon  this  lease  shall  be  terminat- 
ed. And  it  is  farther  agreed  as  aforesaid,  that  if  the  said 
lessee  shall  neglect  or  refuse  to  pay  the  rent  and  taxes 
aforesaid,  or  to  keep  and  to  perform  all  and  every  of  the 
covenants  herein  on  his  part  contained,  thereupon  the  lessor 
may  take  possession  of  the  leased  premises  —  and  thereupon 
if  the  said  lessee  shall  pay  the  rent  and  taxes  due  and  fulfil 
all  his  neglected  covenants,  within  days,  he  shall 

thereupon  resume  the  possession  of  the  premises  —  but  if 
he  shall  neglect  to  pay  said  rent  or  taxes,  or  to  fulfil  his 
neglected  covenant,  for  days  after  the  lessor  shall  so 

take  possession,  thereupon  the  lessor  may  at  his  pleasure 
either  terminate  the  lease,  or  lease  the  demised  premises  to 
any  other  person,  and  this  lessee  shall  be  hoiden  to  pay  all 
the  difference  of  rent,  and  all  loss  that  shall  otherwise  there- 
upon be  sustained  by  the  said  lessor. 

In  testimony  whereof  the  parties  have  hereunto  set  their 
hands  and  seals  the  day  and  year  first  herein  written. 

A.    B.       L.  3. 

C.  D.     L.  s. 

In  presence  of 


[2]  A  Short  Form  of  a  Lease. 

This  Indenture  made  this  first  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-two,  by 
and  between  A.  B.  of  ,  and  C.  D.  of  ,  witness- 

es: That  the  said  A.  B.  has  demised  and  let,  and  he  does 


LEASES.  217 

hereby  demise  and  let  to  the  said  C.  D.  his  the  said  A.  B.'s 
retail  dry  goods  store,  with  the  cellar  under  and  the  cham- 
bers over,  and  the  counters,  drawers,  and  shelves  in  the 
same,  being  the  store  numbered  on  the  westerly  side 

of  street  in  said  with  all  the  privileges  and 

appurtenances  to  the  same  belonging.  To  have  and  to 
hold  the  same  to  him  the  said  C.  D.  for  and  during  the  term 
of  five  years.  And  the  following  are  the  terms,  conditions 
and  provisions  of  this  lease. 

The  rent  of  said  store  annually  during  said  term  shall  be  six 
hundred  dollars,  which  said  C.  D.  shall  pay  to  said  A.  B.  in 
quarter  yearly  payments,  of  one  hundred  and  fifty  dollars  each. 

The  said  C.  D.  shall  not  make  or  suffer  any  strip  or 
waste  of  the  premises,  but  he  shall,  during  said  term  promptly 
pay  all  duties  and  taxes  that  shall  be  levied  on  said  store,  and 
keep  the  premises  in  good  repair,  and  deliver  up  the  same  to 
said  A.  B.  at  the  end  of  the  term  in  reasonably  good  order, 
fire  and  unavoidable  casualties  excepted. 

Said  A.  B.  engages  that  said  C.  D.  shall  quietly  enjoy  the 
premises  during  said  term  free  from  the  adverse  claims  of  all 
persons. 

In  case  said  store  shall  be  destroyed  or  rendered  unfit  for  its 
accustomed  uses  by  fire  or  other  unavoidable  casualty  during 
said  term,  thereupon  this  lease  shall  be  ended. 

If  said  C.  D.  shall  neglect  to  make  any  quarterly  payment 
of  rent,  or  of  any  tax  or  duty,  or  refuse  or  neglect  to  fulfil  any 
condition  herein  on  his  part  contained,  for  the  term  of  thirty 
days  after  said  A.  B.  shall  in  writing  have  given  him  notice 
of  such  neglect,  thereupon  the  said  A.  B.  may  enter  the 
premises  and  expel  the  said  C.  D.  therefrom;  and  at  his 
pleasure  terminate  the  lease,  or  let  the  premises  to  some 
other  person  for  the  residue  of  the  term,  and  hold  the  said 
C.  D.  liable  for  all  loss  thereon. 

And  all  the  grants,  covenants  and  conditions  herein  con- 
tained shall  extend  to  and  be  binding  on  the  legaJ  represent- 
atives of  the  parties  respectively  as  well  as  themselves. 

In  testimony  whereof,  &c. 


20 


218 


[3]     Another  Form  of  Lease  —  such  as  is  used  by  careful 
Landlords. 

This  Indenture,  made  the  first  day  of  April,  in  the  year 
eighteen  hundred  and  thirty- two,  between  A.  B.  of  , 

of  the  one  part,  and  C.  D.  of  ,  of  the  other  part, 

witnesses,  that  in  consideration  of  the  covenants  herein 
contained  on  the  part  of  the  said  C.  D.  and  his  representa- 
tives, to  be  kept  and  performed,  he  the  said  A.  B.  does 
hereby  grant,  demise  and  lease  unto  the  said  C.  D.  and 
his  representatives,  [here  describe  the  premises.] 

To  have  and  to  hold  the  said  ,  and  other  the  pre- 

mises hereby  demised,  with  the  rights,  easements  and  ap- 
purtenances thereto  belonging,  unto  the  said  C.  D.  and  his 
representatives,  from  the  day  of  ,  during  the 

full  term  of  ,  thence  next  ensuing. 

Yielding  and  paying  (except  only  in  case  of  fire  or  other 
casualty,  as  hereinafter  is  mentioned)  the  rent  or  sum  of 

yearly,  by  equal  quarterly  payments  on  the 
day  of  ,  the  day  of  ,  the  day  of 

,  and  the  last  day  of  ,  in  every  year  during 

said  term,  and  at  that  rate  for  such  farther  time,  as  the  said 
lessee,  or  any  other  person  or  persons  claiming  under  him, 
shall  hold  the  said  premises  or  any  part  thereof ;  the  first 
quarterly  payment  thereof  to  be  made  on  the  day  of 

now  next  ensuing. 

And  the  said  C.  D.  for  himself  and  his  representatives, 
hereby  covenants  and  agrees  with  and  to  the  said  A.  B.  his 
representatives  and  assigns,  that  he  and  they  will  during  the 
said  term,  and  for  such  farther  time  as  the  said  lessee  or 
any  other  person  or  persons  claiming  under  him  shall  hold 
the  said  premises  or  any  part  thereof  pay  unto  the  said  les- 
sor, his  heirs  or  assigns  the  said  yearly  rent  upon  the  days 
hereinbefore  appointed  for  the  payment  thereof;  (except  only 
in  case  of  fire  or  other  casualty,  as  hereinafter  mentioned,) 
and  also  all  the  taxes  and  assessments  whatsoever,  whether 
in  the  nature  of  taxes  now  in  being  or  not,  which  may  be 
payable  for,  or  in  respect  of  the  said  premises,  or  any  part 
thereof  during  said  term;  And  also  will  keep  all  and  singu- 
lar the  said  premises  in  such  repair,  as  the  same  are  in  at 
the  commencement  of  said  term,  or  may  be  put  in  by  the 
said  lessor  or  his  representatives  during  the  continuance 


LEASES.  219 

thereof;  reasonable  use  and  wearing  thereof  and  damage 
by  accidental  lire  or  other  inevitable  accidents  alone  ex- 
cepted. 

And  the  said  C.  D.  does  farther  covenant  and  agree  with 
and  to  the  said  A.  B.  his  heirs  and  assigns,  that  he,  or 
others  having  his  estate  in  the  premises,  will  not  assign  this 
lease,  nor  underlet  the  whole  or  any  part  of  the  said 
premises  ;  and  that  no  alterations  or  additions  shall  be  made 
during  the  term  aforesaid,  in  or  to  the  same  without  the 
consent  of  the  said  lessor,  or  of  those  having  his  estate  in 
the  premises  being  first  obtained  in  writing  allowing  thereof; 
And  also  that  it  shall  be  lawfal  for  the  said  lessor,  and  those 
having  his  estate  in  the  premises,  at  seasonable  times  to 
enter  into  and  upon  the  same,  to  examine  the  condition 
thereof;  And  farther  that  he  the  said  C.  I),  and  his  repre- 
sentatives shall  and  will,  at  the  expiration  of  said  term, 
peaceably  yield  up  unto  the  said  lessor  or  those  having  his 
estate  therein,  all  and  singular  the  premises  and  all  future 
erections  and  additions  to  or  upon  the  same,  in  good  tenant- 
able  repair  in  all  respects,  reasonable  wearing  and  use 
thereof  and  damage  by  fire  or  other  casualties  excepted. 

Provided  always,  and  these  presents  are  upon  this  condi- 
tion, that  if  the  said  lessee  or  his  representatives  or  assigns 
do  or  shall  neglect  or  fail  to  perform  and  observe  any  or 
either  of  the  above  covenants  hereinbefore  contained,  which 
on  his  or  their  part  are  to  be  performed,  then,  and  in  either 
of  said  cases,  the  said  lessor,  or  those  having  his  estate  in 
the  said  premises,  lawfully  may,  immediately  or  at  any  time 
thereafter,  and  whilst  such  neglect  or  default  continues,  and 
without  farther  notice  or  demand,  enter  into  and  upon  the 
said  premises,  or  any  part  thereof  in  the  name  of  the  whole, 
and  repossess  the  same  as  of  his  or  their  former  estate,  and 
expel  the  said  lessee  and  those  claiming  under  him,  and  re- 
move his  effects  (forcibly  if  necessary)  without  being  taken 
or  deemed  guilty  of  any  manner  of  trespass  and  without 
prejudice  to  any  remedies,  which  might  otherwise  be  used 
for  arrears  of  rent,  or  preceding  breach  of  covenant. 

And  provided  also,  that  in  case  the  premises,  or  any  part 
thereof  shall,  during  said  term,  be  destroyed  or  damaged  by 
fire  or  other  unavoidable  casualty,  so  that  the  same  shall  be 
thereby  rendered  unfit  for  use  and  habitation,  then,  and  in 
such  case,  the  rent  hereinbefore  reserved,  or  a  just  and 
proportional  part  thereof,  according  to  the  nature  and  extent 


220  LEASES. 

of  the  injury  sustained,  shall  be  suspended,  or  abated  until 
the  said  premises  shall  have  been  put  in  proper  condition  for 
use  and  habitation  by  the  said  lessor. 

And  the  said  lessor  covenants  and  agrees  with  the  said 
lessee  and  his  representatives,  that  he  and  they  paying  the 
rent  aforesaid  and  performing  the  covenants  herein  contain- 
ed, on  his  and  their  part  to  be  paid  and  performed,  shall 
peaceably  hold  and  enjoy  the  said  demised  premises  without 
hindrance  or  interruption  by  the  said  lessor,  or  any  other 
person  or  persons  whomsoever. 

In  witness  whereof  the  said  parties  have  hereunto  inter- 
changeably set  their  hands  and  seals,  the  day  and  year  first 
abovementioned. 


[4]  Another  Form  of  Lease,  such  as  is  and  has  Ions:  been 
in  general  use  in  JVete  England  —  but  which  is  defective, 
and  in  many  respects  imperfect. 

This  Indenture,  made  the  first  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-two, 
witnesses,  That  A.  B.  of,  &c,  does  hereby  lease,  demise, 
and  let  unto  C.  D.  of,  &c,  [describe  the  premises.]  To 
hold  for  the  term  of  years,  from  the  first  day  of  April 

instant,  yielding  and  paying  therefor  the  rent  of  dol- 

lars per  year.  And  the  said  lessee  does  promise  to  pay  the 
said  rent  in  quarter  yearly  payments  of  each, 

computing  from  and  after  the  day  of  the  date  hereof,  and  to 
quit  and  deliver  up  the  premises  to  the  lessor,  or  his  attor- 
ney, peaceably  and  quietly,  at  the  end  of  the  term,  in  as 
good  order  and  condition,  reasonable  use  and  wearing 
thereof,  fire,  and  other  unavoidable  casualties  excepted,  as 
the  same  now  are,  or  may  be  put  into,  by  the  said  lessor, 
and  to  pay  the  rent  as  above  stated,  and  all  taxes  and  duties 
levied,  or  to  be  levied  thereon,  during  the  term,  and  also 
the  rent  and  taxes,  as  above  stated,  for  such  farther  time  as 
the  lessee  may  hold  the  same,  and  not  make  or  suffer  any 
waste  thereof;  nor  lease,  nor  underlet,  nor  permit  any 
other  person  or  persons  to  occupy  or  improve  the  same,  nor 
make  or  suffer  to  be  made,  any  alteration  therein,  but  with 
the  approbation  of  the  lessor,  thereto  in  writing  having  been 
first  obtained  ;  and  that  the  lessor  may  enter  to  view,  and 


LEASES.  221 

make  improvements,  and  to  expel  the  lessee,  if  he  shall  fail 
to  pay  the  rent  and  taxes  as  aforesaid,  or  make  or  suffer  any 
strip  or  waste  thereof. 
In  witness  whereof,  Stc. 


[5]  Of  Goods,  or  Household  Furniture. 

This  Indenture,  made  and  concluded  this  first  day  of 
April,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  thirty-two,  by  and  between  A.  B.  of,  &.c,  of  the  first 
part,  and  C.  D.  of,  Sec,  of  the  second  part,  witnesses, 
That  the  said  A.  B.  in  consideration  of  the  covenants  here- 
inafter contained,  on  behalf  of  the  said  C.  D.  has  demised 
and  leased,  and  he  does  hereby  demise  and  lease  to  the  said 
C.  D.  his  executors,  administrators  and  assigns,  all  the 

E(or  household  furniture)  described  as  follows,  to  wit  : 
describe  it.]  To  have  and  to  hold  the  same  to  him 
id  C.  D.  his  executors,  administrators  and  assigns  for 
and  during  the  full  term  of  three  years,  from  the  day  of  the 
date  hereof,  he  yielding  and  paying  therefor  the  annual  rent 
of  one  hundred  dollars,  in  four  equal  quarter  yearly  pay- 
ments of  twenty-five  dollars  each,  payable  on  the  first  days 
of  July,  October,  January  and  April,  in  each  and  every 
year  during  the  said  term.  —  And  the  said  A.  B.  covenants 
that  during  the  term  aforesaid  the  said  C.  D.  shall  quietly 
and  peaceably  enjoy  the  hereby  leased  premises,  free  from 
any  legal  claim  of  any  and  all  other  persons  thereto.  And 
the  said  C.  D.  covenants  that  he  will  pay  to  the  said  A.  B. 
for  and  during  said  term,  as  rent  for  the  things  herein  de- 
mised, the  said  annual  sum  of  one  hundred  dollars,  in  quar- 
ter yearly  payments  of  twenty-five  dollars  each  as  is  herein 
before  provided  ;  and  that  he  will  not  assign  or  underlet  the 
said  goods,  or  any  part  thereof  without  the  written  consent 
of  said  A.  B. :  and  that  he  will  at  his  own  expense  replace 
any  and  all  of  said  goods  which  shall  be  lost,  or  carelessly 
or  accidentally  injured  during  the  said  term  ;  and  at  the  ex- 
piration of  said  term,  or  the  sooner  termination  of  this  lease, 
he  will  restore  the  said  goods  to  him  the  said  A.  B.  or  his 
legal  representatives,  in  the  like  good  order  in  which  they 
now  are,  wear  and  diminution  resulting  from  reasonable 
use,  fire  and  other  casualties  e.xcepted. 
In  witness  whereof,  &.c. 
20* 


In  leases  a  variety  of  provisions  may  be  inserted  accord- 
ing to  the  agreement  of  the  parties. 

Proviso  for  the  termination  of  the  lease  at  the  pleasure  of 
either  party. 

And  it  is  farther  provided  and  agreed,  that  either  party 
may  at  his  pleasure  terminate  this  lease  on  the  terms  and 
conditions,  that  he  shall  have  fulfilled  all  the  covenants  here- 
in on  his  part  contained,  that  he  shall  pay  to  the  other  party 
the  sum  often  dollars  for  his  privilege  to  terminate  the  lease, 
and  that  he  shall  give  to  the  other  party  twenty  days  pre- 
vious notice  of  his  intention  to  terminate  the  lease. 

Proviso  for  the  purchase  of  the  goods  leased,  <Sfc,   by  the 
lessee. 

Provided  also,  and  it  is  farther  covenanted  and  agreed  by 
the  parties,  that  the  said  C.  D.  shall  at  any  and  at  all  times 
during  the  term  to  which  this  lease  extends,  have  the  privi- 
lege of  purchasing  of  the  said  A.  B.  the  hereby  leased 
goods,  for  the  sum  of  one  thousand  dollars.  And  if  during 
said  term  said  C.  D.  shall  pay  to  said  A.  B.  said  sum  of 
one  thousand  dollars  as  and  for  the  purchase  of  said  goods, 
the  said  A.  B.  shall  make  and  deliver  to  said  C.  D.  a  good 
and  sufficient  bill  of  sale  of  said  goods,  and  thereupon  this 
lease  shall  cease  and  be  ineffectual  for  any  longer  time. 


[6]     Of  a  farm,  &fc,  tvithfull  covenants  and  provisions. 

This  Indenture,  made  and  agreed  this  first  day  of  April,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
two,  by  and  between  A.  B.  of,  Stc,  of  the  one  part,  and  C. 
D.  of,  &c,  of  the  other  part,  witnesses,  That  for  and  in  con- 
sideration of  the  rents,  covenants,  provisoes  and  agreements 
hereinafter  reserved  and  contained,  and  which  on  the  part 
of  the  said  C.  D.  and  his  executors,  administrators  and  as- 
signs, are  to  be  paid,  done  and  performed,  he  the  said 
A.  B.  has  demised,  leased,  and  to  farm  let,  and  by  these 
presents  he  does  demise,  &c,  unto  the  said  C.  D.  bis  exe- 
cutors, administrators  and  assigns,  all  that  messuage  or 


LEASES.  223 

tenement,  situated  in  ,  bounded  and  described  ag 

follows,  to  wit  :  [here  describe  the  premises]  now  in  the 
tenure  or  occupation  of  Y.  Z.  together  with  all  the  houses, 
buildings,  profits  and  appurtenances  whatsoever  to  the  said 
messuage  or  tenement  belonging. 

To  have  and  to  hold  the  same  messuage  or  tenement, 
with  all  and  singular  the  hereby  demised  premises,  to  him 
the  said  C.  D.  his  executors,  administrators  and  assigns, 
from  the  day  of  the  date  hereof,  for  and  during  the  full  term 
of  next  ensuing,  yielding  and  paying  as  rent  there- 

for, yearly,  on  the  first  day  of  April,  in  each  and  every 
year  during  the  said  term  the  sum  of  dollars. 

Proviso,  giring  the  lessor  power  to  enter  on  non-payment  of 
rent,  or  assignment  of  the  premises  without  license. 

Provided  always,  nevertheless,  that  if  it  shall  happen  that 
the  said  yearly  rents  hereby  reserved,  or  either  of  them, 
shall  be  in  arrear  or  unpaid,  for  the  space  of  twenty  days 
next  after  the  time  that  either  of  said  payments  shall  fall 
due:  or  if  the  said  C.  D.  his  executors  or  administrators, 
shall  assign  over  this  lease,  or  underlease  the  demised  pre- 
mises, or  any  part  thereof,  to  any  person  or  persons,  without 
the  consent  of  said  A.  B.  his  heirs  and  assigns  first  had  in 
writing,  then,  and  in  either  of  such  cases,  it  shall  be  lawful 
for  the  said  A.  B.  his  heirs  and  assigns,  to  enter  into  the 
hereby  demised  premises,  or  any  part  thereof,  in  the  name 
of  the  whole,  and  of  the  whole  thereof  to  resume  and  re- 
gain possession,  and  to  maintain  possession,  and  enjoy, 
hold,  and  use  or  dispose  of  the  same,  as  of  his  own  estate, 
in  the  same  manner  as  if  this  lease  had  never  been  made, 
any  thing  herein  to  the  contrary  notwithstanding. 

Covenant  to  pay  Rent. 

And  the  said  C.  D.  does  hereby  for  himself,  his  heirs, 
executors,  administrators  and  assigns,  covenant,  promise 
and  agree  to  and  with  the  said  A.  B.  his  heirs,  executors, 
administrators  and  assigns,  in  manner  following,  that  is  to 
say,  that  he  the  said  C.  D.  his  executors,  administrators 
and  assigns,  shall  and  will,  well  and  truly  pay  to  the  said 
A.  B.  his  heirs,  executors  and  assigns,  the  said  yearly  rent 
of  in  the  manner  and  at  the  times  herein  before  limit- 


224  LEASES. 

ed  and  appointed,*  excepting  that  if  the  premises  shall  be 
destroyed  by  fire  or  unavoidable  casualty  —  the  rent  shall 
cease  or  be  reasonably  reduced  till  the  same  are  repaired  by 
the  lessor. 

Ji  covenant  to  Repair. 

And  also  that  he  the  said  C.  D.  his  executors,  adminis- 
trators and  assigns,  or  some  of  them,  shall  and  will,  at  their 
own  cost  and  charge,  from  time  to  time,  and  at  all  times 
hereafter  during  the  said  term,  well  and  sufficiently  repair, 
maintain  and  keep  the  demised  premises  and  every  part 
thereof,  with  diligence  and  care  in  good  and  proper  order 
and  condition,  fire  and  other  unavoidable  casualties  ex- 
cepted. 

Covenant  to  deliver  peaceable  possession  at  the  expiration  of 
the  lease. 

And  the  said  messuage  or  tenement,  being  so  repaired,  at 
the  end  of  said  term,  or  other  sooner  determination  of  this 
lease,  the  said  C.  D.  shall  peaceably  and  quietly  deliver  up 
to  the  said  A.  B.  his  heirs  and  assigns,  in  neat  and  reasona- 
bly good  order,  excepting  (as  before  exccpted.) 

•An  agreement  thai  the  Lessor  may  enter  to  view. 

And  farther  that  it  shall  and  may  be  lawful  for  the  said 
A.  B.,  his  heirs,  &c,  with  workmen  and  others,  at  least  four 
times  in  each  year,  to  enter  on  the  premises  to  view,  search 
and  examine  the  condition  thereof,  and  to  make  repairs 
thereon. 

Ji  covenant  of  the  Lessee  to  pay  taxes. 

And  also  that  he  the  said  C.  D.  his  executors,  Sec,  shall 
and  will  at  all  times  during  the  said  term,  pay  and  dis- 
charge, with  punctuality  and  in  due  time,  all  the  taxes,  du- 
ties and  imposts,  that  shall  be  legally  levied  or  assessed  on 

*  If  this  exception  is  omitted,  the  lessee  would  be  obliged  to  con- 
tinue to  pay  rent,  although  the  premises  were  destroyed  by  fire. 

Fowler  et  nl.  v  Bott  et  al.  6  M.  R. 
Hallet  v.  Wylie,  3  Johns.  R.  44. 


the  demised  premises,  or  any  part  thereof,  at  any  and  all 
times  during  the  said  terra. 

A  covenant  by  the  Lessor  for  quiet  enjoyment. 

And  the  said  A.  B.  for  himself,  his  heirs,  &c,  does 
covenant  and  agree  to  and  with  the  said  C.  D.  his  execu- 
tors, &c,  that  he  and  they,  if  they  perform  all  the  covenants 
and  conditions  herein  on  their  part  provided,  shall  and  may, 
lawfully,  quietly  and  peaceably  hold,  occupy  and  enjoy  the 
hereby  demised  premises  and  every  part  and  parcel  thereof, 
for  and  during  the  whole  of  the  time  for  which  the  same  are 
hereby  demised,  free  from  all  eviction,  interruption  and  mo- 
lestation to  them  the  said  C.  D.  his  executors,  &c,  from  or 
by  any  and  all  persons. 

Agreement  that  the  Lessee  may  quit,  giving  notice. 

It  is  farther  agreed  by  and  between  the  parties  hereto, 
that  if  at  any  time  during  the  said  term,  the  said  C.  D.  his 
executors,  &c,  shall  be  desirous  to  quit  the  demised  premises 
and  terminate  this  lease,  at  the  expiration  of  any  one  year 
during  the  said  term,  he  and  they  shall  be  at  liberty  so  to 
do,  provided  he  or  they  shall  in  writing  give  notice  of  such 
his  or  their  desire,  to  the  said  A.  B.  his  heirs,  &c,  at  least 
one  entire  year  before  the  time  to  be  fixed  for  the  termina- 
tion of  the  lease,  or  quitting  the  premises.  And  thereupon 
at  the  expiration  of  the  time  fixed  in  such  notice  this  lease 
shall  terminate,  and  be  no  longer  operative  excepting  to  en- 
force the  covenants,  that  shall  at  said  last  mentioned  time 
remain  unperformed. 


[7]     For  years,  of  a  house  and  lands,  with  reservations,  ex- 
ceptions, and  special  covenants. 

This  Indenture,  made,  &c,  between  A.  B.  of,  &c,  of  the 
one  part,  and  C.  D.  of,  Sic,  of  the  other  part,  witnesses, 
That  for  and  in  consideration  of  the  rents,  covenants,  pro- 
visions and  agreements  hereinafter  reserved  and  contained, 
and  which  on  the  part  of  the  said  C.  D.,  his  executors,  ad- 
ministrators and  assigns,  are  to  be  paid,  done  and  performed, 


he  the  said  A.  B.  has  demised,  leased  and  let,  and  by 
these  presents  he  does  demise,  lease  and  let,  to  the  said 
C.  D.  his  executors,  administrators  and  assigns,  all  the 
farm,  house,  barns  and  other  buildings,  of  the  said  A.  B. 
now  in  possession  of  Y.  Z.  situated  in  bounded 

and  described  as  follows,  to  wit:  [describe  the  demised 
premises]  with  all  the  privileges  and  appurtenances  thereto 
belonging. 

Exception  of  Timber,  Sfc. 

.Excepting  and  always  reserving  out  of  this  present  lease, 
to  the  said  A.  B.,  his  heirs  and  assigns,  all  the  timber  and 
trees  of  every  kind,  and  the  growth  and  use  thereof,  other 
than  fruit-trees,  on  the  demised  premises,  with  free  liberty 
to  the  lessor  and  his  representatives,  during  said  term,  to 
enter  on  the  premises,  to  prune,  cultivate,  take  care  of,  and 
cut  and  carry  away  at  his  pleasure  the  timber  and  trees 
hereby  reserved  to  the  lessor. 

Habendum  and  reddcndum. 

To  have  and  to  hold  the  above  demised  premises,  with 
the  exception  aforesaid,  to  him  the  said  C.  D.  his  executors, 
administrators  and  assigns,  for  and  during  the  full  term  of 
years  from  the  day  of  the  date  hereof:  the  said 
lessee  yielding  and  paying  therefor,  yearly,  and  in  each  and 
every  year  during  the  said  term  the  rent  of  dollars, 

payable  in  each  and  every  of  said  years  on  the  first  day  of 

Conclude  with  the  usual  form,  or  any  or  all  (lie  following 
covenants  may  be  added,  as  the  case  may  require. 

That  the  Tenant  shall  lay  out,  $c,  in  Repairs. 

And  the  said  C.  D.,  in  consideration  of  these  presents, 
and  the  covenants  and  agreements  herein  contained,  does 
covenant,  promise,  and  agree,  to  and  with  the  said  A.  B,, 
his  heirs  and  assigns,  that  he  the  said  C.  D.,  his  executors, 
administrators,  or  assigns,  shall  and  will,  within  nine  months 
next  after  the  date  hereof,  lay  out  and  expend  the  sum  of 
one  hundred  dollars  in  repairing,  amending,  and  beautifying 
the  said  messuage  or  tenement  hereby  demised,  or  shall  and 
will,  at  his  own  proper  cost  and  charges,  well  and  sufficiently 


LEASES.  227 

put  the  said  messuage  or  tenement  hereby  demised,  in  good, 
sufficient,  substantial,  and  tenantable  repair,  and  particularly 
shall  and  will  [insert  the  particulars  agreed  on.] 

That  Lessee  may  take  down  and  carry  away  certain  things 
at  the  end  of  the  term,  unless  the  Lessor  icill  pay  for 
them. 

And  the  said  A.  B.,  for  himself,  his  heirs,  and  assigns, 
does  covenant,  promise,  and  agree,  to  and  with  the  said  C. 
D.,  his  executors,  administrators,  and  assigns,  by  these  pre- 
sents, that  it  shall  and  may  be  lawful  to  and  for  the  said  C. 
D.,  his  executors,  administrators,  or  assigns,  or  any  of  them, 
at  the  end  of  the  said  years,  or  other  sooner  deter- 

mination of  these  presents,  to  take  down  and  carry  away, 
[such  and  such  things,]  erections,  buildings,  furnitures,  and 
ornaments,  as  he  or  they  shall,  during  the  said  term,  have 
fixed,  erected,  and  set  up,  in  or  upon  the  said  premises, 
doing  as  little  damage  to  the  said  messuage  or  tenement  as 
he  possibly  can,  unless  the  said  A.  B.,  his  heirs  or  assigns, 
be  willing  to  have  and  keep  the  same,  and  thereof  shall  give 
notice  to  the  said  C.  D.,  and  shall  and  do  pay,  or  cause  to 
be  paid,  unto  the  said  C.  D.,  his  executors,  administrators, 
or  assigns,  so  much  money  for  the  same  as  they  shall  be 
reasonably  valued  at  by  two  indifferent  persons,  the  one  to 
be  chosen  by  the  said  C.  D.,  his  executors,  administrators, 
or  assigns,  and  the  other  by  the  said  A.  B.,  his  heirs  or  as- 
signs. 

That  Lessee  may  deduct  the  charges  of  Taxes  and  Repairs 
out  of  his  Rent. 

And  also  that  it  shall  and  may  be  lawful  to  and  for  the 
said  C.  D.,  his  executors,  administrators,  and  assigns,  to  re- 
tain, deduct,  and  keep  out  of  every  year's  rent,  agreed  to 
be  paid  to  the  said  A.  B.,  his  heirs,  or  assigns,  as  aforesaid, 
all  and  so  much  money  as  he  the  said  C.  D.,  his  executors, 
administrators,  or  assigns,  shall  from  time  to  time,  during  the 
said  term,  have  paid  for  taxes  agreed  to  be  paid  by  the  said 
A.  B.,  his  heirs  and  assigns;  and  also  for  such  repairs, 
amendments,  and  additions,  by  him  made  or  done,  or  caused 
to  be  made  and  done  in  and  about  the  premises,  by  and  with 
the  consent  or  direction  of  the  said  A.  B.,  his  heirs  or  as- 


228  LEASES. 

signs,  or  without,  so  that  such  money  be  necessarily  laid  out 
and  expended  in  repairing  and  supporting  the  said  premises, 
or  some  part  thereof. 

That  Lessee  shall  not  assign  his  Lease  or  let  the  Premi- 
ses, Sec. 

And  the  said  C.  D.,  for  himself,  his  heirs,  executors,  and 
administrators,  does  farther  covenant,  promise,  and  agree,  to 
and  with  the  said  A.  B.,  his  heirs  and  assigns,  that  he  the 
said  C.  D.,  his  executors  or  administrators,  shall  not,  nor 
will  not,  at  any  time  or  times  hereafter,  during  the  continu- 
ance of  this  demise,  assign  or  set  over  this  present  indenture 
of  lease,  or  lease,  or  let,  the  said  premises  hereby  demised, 
or  any  part  thereof,  for  all  or  any  part  of  the  term  hereby 
granted,  to  any  person  or  persons  whomsoever,  (using  or 
exercising  the  trade  or  business  of  painter,  glazier,  &c,)  nor 
shall  nor  will  make  or  do,  or  cause  to  be  made  or  done,  any 
addition, diminution,  or  alteration  whatsoever,  in,  to,  or  about 
the  messuage,  or  tenement  hereby  demised,  without  license 
and  consent  of  the  said  A.  B.,  his  heirs  or  assigns,  in  writing 
first  had  and  obtained,  for  all  and  every  one  of  the  purposes 
aforesaid. 

To  Repair  the  Premises,  having  an  allowance  of  Materials. 

And  also  that  he  the  said  C.  D.,  his  executors,  adminis- 
trators, or  assigns,  shall  and  will,  at  his  and  their  own  pro- 
per costs  and  charges,  from  time  to  time,  and  at  all  times, 
during  the  continuance  of  this  demise,  when,  where,  and  as 
often  as  need  or  occasion  shall  be  or  require,  well  and  suffi- 
ciently repair,  uphold,  support,  maintain,  preserve,  and  keep 
the  said  messuages  or  tenements,  out-houses,  and  buildings 
hereby  demised,  and  all  the  walls,  hedges,  fences,  gates, 
stiles,  bridges,  inclosures  thereunto  belonging,  in,  by,  and 
with  all  and  all  manner  of  needful  and  necessary  reparations 
and  amendments  whatsoever,  being  allowed  on  the  said  pre- 
mises, or  within  distance  therefrom,  rough  timber 
on  the  stem,  bricks,  tiles,  and  lime,  for  the  doing  thereof, 
to  be  carried  to  the  said  demised  premises,  at  the  charge  of 
the  said  C.  D.,  his  executors,  administrators,  or  assigns, 
casualties  happening  by  fire  without  the  wilful  default  of  the 
said  C.  D.,  his  executors,  administrators,  or  assigns,  and 


also  by  lightning  and  tempest  and  foreign  and  domestic  ene- 
mies of  the  state  only  excepted,  provided  such  damages 
exceed  at  any  one  time  one  hundred  dollars,  otherwise  to 
be  repaired  by  the  said  C.  D.,his  executors,  administrators, 
or  assigns,  being  allowed  rough  timber,  bricks,  tiles,  and 
lime,  for  the  doing  thereof  as  aforesaid. 

That  the  Lessor  may  enter  to  view  the  Repairs,  fyc. 

And  farther  that  it  shall  and  may  be  lawful,  to  and  for  the 
said  A.  B.  and  his  assigns,  during  such  part  of  the  term 
hereby  demised  as  he  shall  happen  to  live,  and  from  and 
after  his  decease,  to  and  for  such  person  or  persons  as  shall 
from  thenceforth  during  the  then  residue  of  the  said  term  be 
entitled  to  the  freehold  and  inheritance  of  the  said  premises, 
with  workmen  or  others  in  his  or  their  company  or  without, 
twice  or  oftener  in  every  year  during  the  term  hereby  grant- 
ed, at  seasonable  times  in  the  day  time,  to  enter  and  come 
into  and  upon  the  said  demised  premises  or  any  part  thereof, 
there  to  view,  search,  and  see  the  estate  and  condition  of 
the  reparations  of  the  same,  and  of  all  defaults,  defects,  or 
want  of  reparations  which  upon  every  or  on  any  such  view 
shall  be  from  time  to  time  found,  to  give  or  leave  notice  or 
warning  thereof  in  writing  at  the  said  demised  premises,  un- 
to and  for  the  said  C.  D.,  his  executors,  administrators,  or 
assigns,  to  repair  and  amend  the  same  within  the  space  of 
two  months  then  next  following,  within  which  said  time  and 
space  of  two  months  next  after  every  such  notice  or  warn- 
ing, he  the  said  C.  D.,  his  executors,  administrators,  or  as- 
signs, shall  and  will  repair  and  amend  the  same  accordingly, 
being  allowed  such  materials  for  the  doing  thereof  as  afore- 
said, (except  as  herein  before  is  excepted.) 

TJiat  Lessee  shall  tise  the  Hay,  fyc,  on  the  premises,  and 
spread  the  Dung  thereon. 

,  And  also  that  he  the  said  C.  D.,  his  executors,  adminis- 
trators, or  assigns,  shall  and  will,  during  the  continuance  of 
this  demise,  use  on  the  said  demised  premises,  all  the 
hay  and  straw  arising  therefrom,  and  all  the  compost  and 
dung  which  shall  be  made  thereby,  shall  spread  and  be- 
stow upon  the  said  premises  in  a  husband-like  manner,  save 
only  the  compost  or  dung  to  be  made  in  the  last  year  of  his 
21 


230  LEASES. 

demise,  which  the  said  C.  D.,  his  executors,  administrators, 
or  assigns,  shall  leave  upon  the  said  premises,  unto  and  for 
the  said  A.  B.,  or  his  assigns,  if  then  living;  but  in  case  of 
his  decease,  to  and  for  such  other  person  or  persons  as  shall 
then  be  entitled  to  the  freehold  and  inheritance  of  the  said 
premises,  without  being  paid  or  allowed  any  thing  for  the 


That  Lessee  shall  fallow  the  Land  and  not  mow  more  than 
once  a  year,  Sfc. 

And  also  that  he  the  said  C.  D.,  his  executors,  adminis- 
trators, or  assigns,  shall  not  crop  or  sow  any  part  of  the  ara- 
ble land  which  he  has  liberty  to  keep  in  tillage  as  aforesaid, 
above  two  years  together,  but  every  third  year  permit  the 
same  to  lie  fallow  and  unsown,  and  not  cross  crop  the  same 
or  any  part  thereof;  and  when  and  as  it  shall  be  laid  down, 
shall  and  will  sow  the  same  with  grass-seed  in  a  husband- 
like  manner,  and  shall  not  mow  or  cause  to  be  mowed  any 
of  the  meadow  or  pasture  ground  hereby  demised  more  than 
once  in  any  one  year  of  the  said  term,  but  shall  and  will 
during  the  said  term,  plough,  sow,  manure,  and  manage,  all 
the  ground  hereby  demised  in  a  due  and  regular  course  of 
husbandry  according  to  the  custom  of  the  country,  and  pre- 
serve all  the  trees,  young  oaks,  and  saplings  growing  on  the 
said  premises,  and  not  do  or  commit,  or  cause  to  be  done  or 
committed,  any  manner  of  waste,  spoil,  or  destruction,  in  or 
upon  the  said  demised  premises,  or  any  part  thereof. 

To  lay  down  Part  of  the  Ground  with  Clover,  $c. 

And  also  that  he  the  said  C.  D.,  his  executors,  adminis- 
trators, or  assigns,  shall  and  will  the  summer  preceding  the 
expiration  of  this  demise,  summer-fallow  twenty-five  acres  of 
such  part  of  the  arable  land  hereby  demised  as  shall  be  then 
in  course,  in  a  husband-like  manner,  fit  to  be  sown  with  a 
crop  the  ensuing  season,  and  also  lay  down  with  clover  seed 
and  rye  grass,  twenty-five  acres  more  of  the  arable  land 
hereby  demised,  which  shall  be  then  in  tillage,  and  sow  upon 
each  acre  thereof  ten  pounds  of  the  best  clover  seed,  and 
two  bushels  of  the  best  rye  grass  seed. 


231 


That  Lessee  may  dispose  of  Hay  and  Straw,  Sfc. 

And  also  that  he  the  said  C.  D.,  his  executors,  adminis- 
trators, or  assigns,  shall  and  may,  at  any  time  during  this 
demise,  except  only  in  the  last  year  thereof,  have  liberty  to 
dispose  of  any  quantity  of  the  hay  and  straw  arising  from 
the  said  premises  on  bringing  and  laying  upon  the  same  pre- 
mises where  most  need  requires,  one  good  load  of  rottea 
dung  for  every  load  of  hay  and  straw  so  sold  and  disposed  of. 

That   certain    Trades   shall   not   be    exercised   upon  the. 
Premises. 

And  also  that  he  the  said  C.  D.,  his  executors,  adminis- 
trators, and  assigns,  shall  not,  nor  will  not,  during  the  con- 
tinuance of  the  said  term  hereby  granted,  permit  or  suffer 
any  person  or  persons  to  use  or  follow  in  or  upon  the  said 
hereby  demised  messuage  or  tenement,  and  premises,  or  in 
or  upon  any  part  thereof,  the  trade  of  a  chair-maker,  butcher, 
currier,  soap  boiler,  brewer,  distiller,  tallow-chandler,  sugar- 
baker,  tinman,  plumber,  dyer,  smith,  or  any  nauseous,  or 
offensive  business  whatsoever,  without  the  license  and  con- 
sent of  the  said  A.  B.,  his  executors,  administrators,  or  as- 
signs, first  had  and  obtained  in  writing  for  that  purpose. 


That  Lessor  shall  pay  the  Taxes. 

That  he  the  said  C.  D.,  his  executors,  administrators,  and 
assigns,  shall  and  will  from  time  to  time,  and  at  all  times 
during  the  said  term  hereby  granted,  well  and  truly  pay,  or 
allow  out  of  the  rent  hereby  reserved,  all  rates,  taxes,  duties, 
charges,  and  assessments  whatsoever,  that  shall  or  may  be 
assessed,  charged,  rated,  or  imposed  on  the  said  hereby  de- 
mised premises,  or  any  part  thereof,  and  thereof  and  there- 
from save  harmless,  and  keep  indemnified  the  said  A.  B., 
his  executors,  administrators,  and  assigns. 

JVo/e.  It  is  expedient  that  leases  for  any  considerable 
length  of  time  should  be  acknowledged,  and  recorded,  and 
in  some  of  the  states  this  is  required  by  statute  in  order  to 
give  the  lessee  an  indefeasible  title  to  his  term. 


[8]  By  an  Attorney. 

An  Indenture,  made  the  first  day  of  April,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-two,  be- 
tween A.  B.  of,  &c,  by  C.  D.  of,  &c,  his  attorney,  of  the  one 
part,  and  E.  F.  of,  &c,  of  the  other  part.  Whereas  the 
said  A.  B.  by  his  Letter  of  Attorney,  under  his  hand  and 
seal,  duly  executed  on  the  day  of  ,  did  among 

other  things  authorize  the  said  C.  D.  in  the  name  and  on 
behalf  of  him  the  said  A.  B.  to  demise  and  let,  and  to 
execute  a  lease  for  demising  and  letting  the  estate  of  said 
A.  B.  hereinafter  described  for  one  year  from  the  date  here- 
of, to  such  person  and  on  such  terms  as  to  the  said  C.  D. 
should  appear  fit.  Now  this  Indenture  witnesses,  That  for 
and  in  consideration  of,  &c,  the  said  A.  B.  by  his  said  at- 
torney, C.  D.  has  demised,  8tc,  (as  in  common  form, 
making  the  covenants  oj  E.  F.  to  A.  B.  and  not  to  C.  D. 
the  attorney.) 

In  testimony  whereof,  the  said  A.  B.  by  the  said  C.  D. 
his  attorney,  and  the  said  E.  F.  for  himself,  have  hereunto 
set  their  hands  and  seals  this,  Sec. 

A.  B.  by 

C.  D.  his  Attorney. 

In  presence  of  E.  F.     L.  s. 


[9]  Memorandum  of  a  Leate. 

Memorandum.     A.  B.  of  has  on  this  first  day  of 

May,  1832,  leased  to  C.  D.  of  his  the  said  A.  B.'s 

dwelling  house  and  appurtenances  situated  in  street, 

New  York,  being  the  same  wherein  the  said  C.  D.  now 
lives.  To  have  and  to  hold  the  same  to  said  C.  D.  one 
year  from  the  date  hereof.  And  the  said  C.  D.  shall  pay 
as  rent  to  said  A.  B.  therefor  six  hundred  dollars,  in  quar- 
terly payments  of  one  hundred  and  fifty  dollars  each.  C.  D. 
shall  put  and  keep  the  house  in  good  repair,  and  pay  the 
taxes  during  the  year.  C.  D.  shall  lay  out  the  first  quar- 
ter's rent  in  painting  the  inside  of  the  house,  instead  of 
paying  it  to  A.  B.  A.  B.  may  at  (ill  times  enter  to  view 
and  make  improvements,  and  he  may  eject  C.  D.  from  the 


LEASES.  233 

premises,  if  he  fail  to  perform  all  on  his  part  herein  provided. 
If  the  house  shall  be  destroyed  by  fire,  this  agreement  shall 
thereafter  be  void. 

Witness  our  hands  and  seals,  May  1,  1832. 

A.  B.     L.  s. 

Attest,  C.  D.     L.  s. 


[10]  To  enable  one  to  bring  an  Ejectment. 

This  Indenture,  made,  &c,  between  A.  B.  of,  &c,  of  the 
one  part,  and  C.  D.  of,  Stc,  of  the  other  part,  witnesses, 
That  the  said.  A.  B.  for  divers  good  causes  and  considera- 
tions him  thereunto  moving,  has  leased,  demised  and  to 
farm  let,  and  by  these  presents  he  does  lease,  demise,  and 
to  farm  let,  unto  the  said  C.  D.  all  the  estate  situated  in 
bounded  and  described  as  follows,  to  wit:  [here 
describe  the  premises]  with  all  the  privileges  and  appurte- 
nances thereunto  belonging. 

To  have  and  to  hold  the  same  to  him  the  said  C.  D.  from 
the  day  of  the  date  hereof,  for  and  during  the  full  term  of 
three  years  next  ensuing;  the  said  C.  D.  yielding  and  pay- 
ing therefor  yearly,  and  in  each  and  every  year  during  said 
term,  to  the  said  A.  B.  his  executors,  administrators  and 
assigns,  one  pepper-corn,  if  the  same  shall  be  lawfully  de- 
manded, on  each  first  day  of  during  said  term,  to 
the  intent  and  purpose  that  the  said  C.  D.  may  be,  and 
become  forthwith  the  tenant  of  the  said  A.  B.  in  order  that 
an  ejectment  may  be  brought  by  him  as  plaintiff,  for  the 
recovery  of  the  possession  of  the  premises,  for  the  said 
A.  B.  against  Y.  Z.  of,  &c,  the  casual  ejector. 

In  witness  whereof,  &c. 


[11]  A  reversionary  Lease. 

An  Indenture  made  this  first  day  of  April,  Stc,  between 
A.  B.  of,  &c,  of  the  one  part,  and  C.  D.  of,  &c,  of  the  other 
part. 

Whereas  the  said  A.  B.  by  his  indenture  of  lease,  bearing 
date  on  the  day  of  did  demise  to  J.  K.  of, 

21* 


234  LEASES. 

&c,  a  certain  close  of  land,  of  which  the  piece  or  parcel 
of  ground  hereinafter  mentioned  and  hereby  leased,  is  part, 
for  the  term  of  fifty  years,  commencing  from,  Sec;  and  by 
another  indenture  of  lease  bearing  date  on  or  about  the 
day  of  which  was  then  made  between  said 

A.  B.  and  L.  M.,  the  said  A.  B.  did  demise  to  the  said 
L.  M.  the  said  close  of  land,  of  which  the  hereby  demised 
land  is  a  part,  to  hold  from  the  end  of  said  term  of  fifty 
years,  named  in  said  first  mentioned  lease,  for  the  farther 
term  of  twenty-five  years,  as  in  and  by  said  indenture  ap- 
pears. Now  this  indenture  witnesses,  that  the  said  A.  B. 
in  consideration  of  dollars,  to  him  paid  by  the  said 

C.  D.  the  receipt  whereof  is  hereby  acknowledged,  and 
also  in  consideration  of  the  yearly  rents,  covenants  and 
agreements  hereinafter  reserved  and  contained,  to  be  paid 
by  the  lessee,  has  demised,  Stc,  and  by  these  presents  does 
demise,  &c,  all  that  parcel  of  ground  situated  in 
described  and  bounded  as  follows,  to  wit:  [here  describe  the 
premises.] 

To  have  and  to  hold  the  same  to  the  said  C.  D.  his,  &c, 
from  and  after  the  termination  of  the  two  last  mentioned 
leases,  to  wit,  from  the  day  of  which  will  be  in 

the  year  of  our  -Lord,  &c,  for  and  during  the  full  term  of 
years  from  then  next  ensuing,  yielding  and  paying, 
8tc,  (as  in  other  leases.) 

In  witness,  &c. 


[12]     For  Life  by  tenant  in  dower,  with  various  Covenants. 

This  Indenture,  made  this  day  of  between 

A  B.  of  widow,  of  the  one  part,  and  C.  D.  of 

Esquire,  of  the  other  part,  witnesses,  That  the  said  A.  B. 
in  consideration  of  the  rents,  covenants  and  conditions  here- 
inafter provided,  on  behalf  of  the  said  C.  D.  has  demised, 
leased,  and  to  farm  let,  and  by  these  presents  she  does  lease, 
demise,  and  to  farm  let,  unto  the  said  C.  D.  his  executors, 
administrators  and  assigns,  all  that  messuage  situated  in 
,  described  and  bounded  as  follows,  to  wit :  [de- 
scribe the  premises]  being  the  same  [or  a  part  of  the  same, 
as  the  case  may  be]  premises  which  were  assigned  to  the  said 
A.  B.  as  her  dower  in  the  estate  of  her  late  husband  C.  B. 
deceased. 


LEASES.  235 

To  have  and  to  hold  the  same  to  him  the  said  C.  D.  his 
executors,  administrators  and  assigns,  from  the  day  of  the 
date  hereof,  for  and  during  the  full  term  of  the  natural  life 
of  her  the  said  A.  B.  yielding  and  paying  therefor  the  yearly 
rent  of  four  hundred  dollars,  payable  in  quarter  yearly  pay- 
ments of  one  hundred  dollars  each,  payable  on  the 
days  of  in  each  and  every  year  during  the 

natural  life  of  the  said  A.  B.  And  the  said  C.  D.  for  him- 
self, his,  &c,  does  covenant  with  the  said  A.  B.  her  execu- 
tors, Sec,  that  he  will  well  and  truly  pay  to  her  the  said 
yearly  rent  of  four  hundred  dollars,  in  quarter  yearly  pay- 
ments of  one  hundred  dollars,  as  aforesaid,  for  and  during 
the  whole  time  of  the  continuance  of  this  lease.  And  also 
that  he  the  said  C.  D.  his,  &c,  shall  and  will  from  time  to 
time,  and  at  all  times  during  the  continuance  of  this  lease, 
at  his  and  their  own  cost  and  charge,  well  and  sufficiently 
repair,  support  and  amend  the  said  demised  premises,  and 
every  part  thereof,  with  all  manner  of  needful  repairs  and 
amendments,  when,  where,  and  as  often  as  occasion  shall 
require;  and  that  he  and  they  will  not  commit  or  suffer  any 
strip  or  waste  of  the  demised  premises  during  said  term  ; 
but  that  he  and  they  will,  on  the  decease  of  the  said  A.  B. 
yield  and  deliver  up  the  premises  to  the  legal  owner  of  the 
reversion  or  remainder  of  the  same,  in  good  order  and  con- 
dition, reasonable  wear  and  use  thereof,  fire  and  other  casu- 
alties excepted;  and  that  he  the  said  C.  D.  his,  &.c,  during 
said  term,  shall  and  will  pay  all  taxes  and  duties  that  shall 
be  lawfully  levied  or  assessed  on  the  premises.  Provided, 
nevertheless,  that  if  it  shall  so  happen  that  the  said  rent,  or 
any  part  thereof,  shall  be  in  arrear  and  remain  unpaid  for 
the  space  of  thirty  days  after  the  same  shall  become  due  and 
payable,  as  herein  is  provided;  or  if  the  demised  premises 
shall  be  suffered  to  get  out  of  repair,  and  remain  so  for  the 
space  of  four  months  after  notice  thereof  in  writing  shall  be 
given  by  said  lessor  to  said  lessee,  which  notice  shall  point 
out  and  specify  the  repairs  wanted;  then,  and  in  either  of 
said  cases,  it  shall  be  lawful  for  the  said  A.  B.  or  her  assigns, 
into  the  demised  premises,  or  any  part  thereof,  in  the  name 
of  the  whole  to  enter,  and  the  same  to  repossess  and  enjoy, 
as  of  her  first  and  former  estate,  and  thence  and  thereout  to 
expel  the  said  C.  D.  and  all  persons  holding  under  him; 
anything  herein  to  the  contrary  notwithstanding. 

And  the  said  A.  B.  does  hereby  covenant  and  grant  to 


and  with  the  said  C.  D.  his,  &c,  that  he  and  they  at  all 
times,  paying  and  yielding  the  rent  hereby  reserved,  and 
performing  all  and  singular  the  covenants  and  conditions 
herein  on  his  and  their  part  contained,  shall  and  may,  law- 
fully, peaceably  and  quietly,  occupy,  hold  and  enjoy  the 
demised  premises,  during  said  term,  free  from  all  lawful 
hindrance,  interruption  and  incumbrance,  from  or  by  any 
and  all  persons. 

Provided  always,  and  it  is  hereby  mutually  agreed  by  the 
parties,  that  if  during  the  term  the  dwelling  house  on  the 
demised  premises  shall  be  by  accident  or  casualty  burnt  or 
otherwise  destroyed,  thereupon  this  lease,  and  every  condi- 
tion and  provision  thereof  shall  determine,  and  from  thence- 
forth cease;  and  neither  of  the  parties  hereto  shall  be  obliged 
to  rebuild  said  dwelling  house,  but  the  said  C.  D.  his,  8tc, 
shall  thereupon  peaceably  and  quietly  deliver  up  the  demised 
premises,  to  her  the  said  A.  B.  or  her  assigns.  And  for 
the  residue  of  the  term  neither  of  the  parties  shall  have  any 
claim  on  the  other  concerning  the  premises. 

In  witness,  8tc. 

Leases  like  the  above  should  be  acknowledged  and  re- 


LETTER  OF   ATTORNEY. 

[1]  Ji  special  Power. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of.  8tc, 
have  constituted,  ordained,  and  made,  and  in  my  stead  and 
place  put,  and  by  these  presents  do  constitute,  ordain,  and 
make,  and  in  my  stead  and  place  put  C.  D.,  of,  &c,  to  be 
my  true,  sufficient,  and  lawful  attorney,  for  me  and  in  my 
name  and  stead,  to  [here  describe  the  things  to  be  done.] 

Giving  and  hereby  granting  unto  my  said  attorney  full 
power  and  authority  in  and  about  the  premises;  and  to  use 
all  due  means,  and  process  in  the  law  for  the  full,  effectual, 
and  complete  execution  of  the  business  afore  described;  and 
in  my  name  to  make  and  execute  due  acquittance  and  dis- 
charge; and  in  the  premises  to  appear,  and  the  person  of  me 
the  constituent  to  represent  before  any  governor,  judges, 


LETTER   OF    ATTORNEY.  237 

justices,  officers,  and  ministers  of  the  law  whatsoever,  in  any 
court  or  courts  of  judicature,  and  there,  on  my  behalf,  to 
answer,  defend,  and  reply  unto  all  actions,  causes,  matters, 
and  things  whatsoever,  relating  to  the  premises.  Also  to 
submit  any  matter  in  dispute,  respecting  the  premises,  to  ar- 
bitration, reference  or  otherwise:  with  full  power  to  make 
and  substitute,  for  the  purposes  aforesaid,  one  or  more  attor- 
neys under  my  said  attorney,  and  the  same  again  at  pleasure 
to  discharge.  And  generally  to  say,  do,  transact,  accom- 
plish, and  finish  all  matters  and  things  whatsoever,  relating 
to  the  premises,  as  fully,  and  effectually,  to  all  intents  and 
purposes,  as  I  the  said  constituent,  if  present,  might  person- 
ally; although  the  matter  should  require  more  special  author- 
ity than  is  herein  comprised,  I  the  said  constituent  ratifying, 
allowing,  and  holding  firm  and  valid  all  and  whatsoever  my 
said  attorney  or  his  substitutes  shall  lawfully  do,  or  cause  to 
be  done,  in  and  about  the  premises,  by  virtue  of  these  pres- 
ents'. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal, 
this  day  of  ,  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and 

A.  B.    L.  s. 
Signed,  sealed,  and  delivered, 

in  presence  of  us 


[2]  '  A  shorter  Form. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of,  &c, 
do  hereby  constitute  and  appoint  C.  D.,  of,  &c,  to  be  my 
true,  sufficient,  and  lawful  attorney,  for  me  and  in  my  name 
and  for  my  use  to  [here  describe  the  things  to  be  done.] 

And  for  the  purposes  aforesaid,  I  do  hereby  grant  unto 
my  said  attorney,  full  power  to  execute  and  deliver  all  need- 
ful instruments  and  papers,  whether  under  seal  or  otherwise, 
—  to  institute  and  prosecute  to  final  judgment  and  execution, 
all  process  in  law  or  in  equity,— to  defend  any  and  all  suits 
against  me  the  constituent,  to  submit  any  and  all  matters  in 
dispute  to  arbitration,  or  reference,  or  the  same  to  settle  and 
compromise,  —  to  appoint  one  or  more  substitutes  under  him, 
and  the  same  to  discharge  at  his  pleasure,  —  and  generally, 
to  do  and  perform  all  such  acts,  matters,  and  things,  as  my 


238  LETTER    OF    ATTORNEY. 

said  attorney  shall  deem  necessary  or  expedient,  for  the 
complete  and  effectual  execution  of  the  authority  herein- 
before granted,  as  fully  as  I  might  and  could  do  if  I  were 
personally  present;  I  hereby  ratifying  and  confirming  all  the 
acts  of  my  said  attorney,  or  of  his  substitutes,  done  by  virtue 
and  in  pursuance  of  these  presents. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
seal,  the  day  of  ,  A.  D.  one  thousand 

eight  hundred  and  t>.i  ••, 

A.  B.     i..  s. 
Signed,  sealed,  and  delivered, 

in  presence  of 


[3]  General  form  to  recover  Debts,  Sfc. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of  the 
city  of  New  Orleans,  and  state  of  Louisiana,  merchant, 
have  made,  constituted,  and  appointed,  and  by  these  presents 
do  make,  constitute,  and  appoint,  and  in  my  place  and  stead 
put  and  depute,  C.  D.  of  the  city  aforesaid,  merchant,  my 
true  and  lawful  attorney,  for  me,  and  in  my  name,  and  for 
my  use,  to  demand,  sue  for,  recover,  and  receive,  all  such 
sums  of  money,  debts,  goods,  wares,  and  other  demands  or 
property  whatsoever,  which  is  or  shall  be  due,  owing, 
payable  and  belonging  tome,  by  any  manner  or  means  what- 
soever, especially,  &c. 

Giving  and  granting  unto  mj  said  attorney,  by  these  pres- 
ents, my  full  and  whole  power,  strength,  and  authority,  in 
and  about  the  premises,  to  have,  use,  and  take,  all  lawful 
ways  and  means,  in  my  name,  for  the  purposes  aforesaid, 
and  upon  the  receipt  of  any  such  debts,  dues,  property,  or 
sums  of  money,  [as  the  case  may  be,]  acquittances,  or  other 
sufficient  discharges,  for  me,  and  in  my  name,  to  make, 
seal,  and  deliver. 

And  generally,  every  other  act  or  thing  in  the  law  what- 
soever, needful  and  necessary  to  be  done  in  and  about  the 
premises,  for  me  and  in  my  name,  to  do,  execute,  and  per- 
form, as  fully,  and  amply,  to  all  intents  and  purposes,  as  I 
myself  might  or  could  do,  if  personally  present,  and  attor- 
neys one  or  more  under  him,  for  the  purpose  aforesaid,  to 
make  and  constitute,  and  again  at  pleasure  to  discharge. 


LETTEE   OF    ATTORNEY.  239 

And  1  hereby  ratify,  and  hold  for  firm  and  effectual,  all 
and  whatsoever  my  said  attorney  shall  lawfully  do  in  and 
about  the  premises,  by  virtue  hereof.  In  witness  whereof, 
I  have  hereunto  set  my  hand  and  seal,  this  first  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  thirty-two. 


[4]  To  receive  Dividend  of  Stock. 

Know  all  men  by  these  presents,  That  I,  A.  B.  of  the 
city  of  Pittsburgh,  and  state  of  Pennsylvania,  blacksmith, 
do  make,  constitute,  and  appoint  C.  D.  of  the  city  of  Wash- 
ington, in  the  district  of  Columbia,  esquire,  my  true  and 
lawful  attorney,  for  me  and  in  my  name  to  receive  the  divi- 
dends which  are  or  shall  be  payable  according  to  law,  on  all 
the  stock  standing  in  my  name  in  the  books  of  the  treasury 
of  the  United  States,  [or  in  the  books  of  the  Loan  Office,  or 
Bank  of,  $c,  as  the  case  maij  be]  with  the  power  also  to 
make  and  substitute  an  attorney  or  attorneys  under  him  for 
that  purpose,  and  to  do  all  lawful  acts  requisite  for  effecting 
the  premises;  hereby  ratifying  and  confirming  all  that  my 
said  attorney  or  his  substitutes  shall  lawfully  do  by  virtue 
hereof.  In  witness,  &c. 


[5]       To  receive  the  back  Pay  of  a  deceased  Soldier. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  admin- 
istratrix of  all  and  singular  the  goods  and  chattels,  rights 
and  credits,  which  were  of  C.  B.,  late  a  private  in  the 
fourth  company  and  sixth  regiment  of  infantry  of  the  army 
of  the  United  States,  deceased,  who  died  intestate,  have 
made,  constituted,  and  appointed,  and  by  these  presents 
do  make,  constitute,  and  appoint,  O.  P.,  of  , 

my  true  and  lawful  attorney,  for  me  and  in  my  name  and 
for  my  use,  to  demand,  and  receive,  from  the  proper  officer 
of  the  United  States  authorized  to  settle  and  pay  the  same, 
all  sum  or  sums  of  money  or  arrearages  of  pay  due  and 
coming  unto  the  said  C.  B.,  deceased,  giving  and  granting 
unto  my  said  attorney  my  whole  strength  and  power  in  the 


240  LETTER   OF    ATTORNEY. 

premises,  hereby  ratifying  and  confirming  all  that  my  said 
attorney  shall  lawfully  do  by  virtue  hereof. 
In  witness,  &c. 


[6]  To  receive  a  Legacy. 

To  all  people  to  whom  these  presents  shall  come:  I,  A. 
B.,  of,  &c,  together  with  S.  B.  my  wife,  (late  S.  W.,)  one 
of  the  daughters  and  legatees,  named  in  the  last  will  and 
testament  of  H.  W.,  late  of,  Stc,  deceased,  send  greeting  : 
Whereas  the  said  H.  W.,  in  and  by  his  last  will  and  testa- 
ment, bearing  date  the  second  day  of  February,  A.  D.  1829, 
did,  amongst  other  things,  give  and  bequeath  unto  his  said 
daughter,  the  sum  of  five  hundred  dollars,  payable  in  six 
months  after  his  decease,  [or  did  give  and  bequeath  to  her 
an  equal  share  of  his  estale,  as  the  case  may  be.]  And  of 
his  said  will  appointed  C.  D.  executor,  as  in  and  by  the  said 
will,  duly  proved  and  remaining  in  the  Probate  office  at 
,  relation  being  thereunto  had,  appears. 

Now  know  ye,  That  I,  the  said  A.  B.  together  with  S. 
B.  my  wife,  have  made,  constituted,  and  appointed,  and  by 
these  presents  do  make,  constitute,  and  appoint,  O.  P.,  of, 
&c,  our  true  and  lawful  attorney,  for  us  and  in  our  names, 
and  for  our  use,  to  demand,  sue  for,  recover,  and  receive, 
of  and  from  the  said  C.  D.,  executor  as  aforesaid,  or  in 
whose  hands  soever  the  same  may  be  found,  the  said  legacy 
or  bequest  mentioned  in  the  said  will,  and  also  all  such 
other  sum  or  sums  of  money,  debts,  goods,  wares,  and  de- 
mands whatsoever,  which  are  or  shall  be  due,  owing,  paya- 
ble, and  belonging  to  us  by  any  means  whatsoever,  lor  or  on 
account  of  said  S.  B.'s  full  share,  part,  or  dividend  of  the 
estate  aforesaid,  and  to  give  discharges  therefor.  Giving 
and  granting,  &c. 


[7]  To  convey  Lands. 

Know  all  men  by  these  presents.  That  I,  A,  B.,  of,  &c, 
have  made,  constituted,  and  appointed,  and  by  these  pre- 
sents do  make,  constitute,  and  appoint,  and  in  my  place  and 


LETTER    OF    ATTORNEY.  241 

stead  put  and  depute  C.  D.,  of,  &c,  my  true  and  lawful 
attorney,  for  me,  and  in  my  name,  place,  and  stead,  to 
grant,  bargain,  and  sell  all  that  messuage,  &c,  [here  de- 
scribe the  premises,]  with  the  appurtenances,  and  all  my 
estate,  right,  title,  and  interest  therein,  unto  such  person  or 
persons,  and  for  such  price  or  prices,  as  he  shall  think  pro-r 
per,  and  also  for  me  and  in  my  name,  place,  and  stead,  and 
as  my  proper  act  and  deed,  to  sign,  seal,  deliver,  and  ac- 
knowledge, all  such  deed  or  deeds  of  conveyance,  as  shall 
be  necessary  for  the  absolute  granting  and  assuring  of  the 
premises  unto  the  purchaser  or  purchasers,  in  fee  simple. 
Giving,  [<^c,  as  before.] 


[8]  To  acknowledge  a  Deed. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of,  &c, 
do  hereby  nominate  and  appoint  C.  D.,  E.  F.,  and  G.  H., 
all  of,  &.c,  or  any  one  of  them,  my  true  and  lawful  attorneys, 
for  me  and  in  my  name  to  acknowledge  a  deed  by  me  duly 
signed  and  sealed,  dated  on  the  ,  wherein  I  conveyed 

to  O.  P.,  of,  &c,  a  piece  or  parcel  of  land,  situated,  &c,  [de- 
scribe the  estates,]  to  be  my  free  act  and  deed,  and  the  same 
to  deliver  to  the  said  O.  P.,  as  and  for  my  deed,  &c. 


[9]          To- acknowledge  Satisfaction  of  a  Mortgage. 

To  all  people  to  whom  these  presents  shall  come,  C.  D., 
of,  &c,  merchant,  sends  greeting  :  Whereas  A.  B.,  of, 
&.c,  by  deed  of  mortgage  under  his  hand  and  seal,  bearing 
date  the  first  day  of  May,  one  thousand  eight  hundred  and 
twenty-nine,  for  the  better  securing  the  payment  of  the  sum 
of  five  hundred  dollars,  with  its  interest,  which  he  was  justly 
indebted  to  the  said  C.  D.,  on  a  certain  obligation  therein 
mentioned,  did  grant,  bargain,  sell,  release,  and  confirm, 
unto  the  said  C.  D.  and  to  his  heirs  and  assigns,  the  pre- 
mises in  the  said  indenture  particularly  described  :  To  hold 
the  same  until  due  satisfaction  should  be  made  for  the  said 
debt  and  interest,  then  the  said  deed  of  mortgage  to  be  null 
and  void,  as  by  the  said  recited  deed,  recorded  in  the  office  for 


242  LETTER   OP    ATTORNET. 

recording  of  deeds  at  ,  in  and  for  the  county  of  , 

state  of  ,  book  A,  page  120,  relation  being  there- 

unto had,  appears.  And  whereas  the  said  A.  B.  has  fully 
satisfied  and  paid  the  said  debt  and  interest :  Therefore 
know  ye,  that  the  said  C.  D.  has  made,  constituted,  and 
appointed,  and  by  these  presents  does  make,  constitute,  and 
appoint  E.  F.,  of,  &c,  his  true  and  lawful  attorney,  for  him 
and  in  his  name  to  appear  in  the  office  aforesaid,  and  there 
acknowledge  and  enter  satisfaction  in  the  margin  of  the 
record  aforesaid,  for  the  said  debt  and  interest,  in  full  dis- 
charge of  the  said  mortgage  and  of  the  obligation  therein  re- 
cited :  and  for  his  so  doing  this  shall  be  his  sufficient  war- 
rant. In  witness  whereof,  &.c . 


[10]  To  two  persons,  but  in  case  of  the  death,  absence,  or 
refusal,  of  both  or  either  of  them,  then  to  another  alone, 
or  with  either  of  them,  that  will  act. 

We,  A.  B.  and  C.  D.  of,  &c,  empower  M.  N.  and  O.  P. 

of,  &c,  jointly,  and  either  of  them  severally  ;  and  in  case  of 
the  decease,  absence,  or  refusal,  of  the  said  M.  N.  and 
O.  P.  or  either  of  them,  to  act  as  our  attorneys  by  virtue 
hereof,  then  we  ordain,  constitute,  and  empower  Y.  Z  of 
,  alone  or  together  with  either  of  them  the  said 
M.  N.  and  O.  P.  as  shall  be  living  and  present  there,  and 
will  act  as  our  attorney,  by  virtue  of  these  presents,  jointly, 
or  either  of  them  severally,  to  be  our  true,  &c,  [as  in  the 
preceding  forms,  according  to  the  powers  delegated.] 


[1 1]    From  a  Sailor  to  his  Wife,  to  receive  his  Wages,  Sfc. 

I,  A.  B.  of,  &c,  mariner,  do  constitute  and  appoint  my 
loving  wife,  C.  B.  my  true  and  lawful  attorney,  for  me,  and 
in  my  name,  and  for  my  use,  to  ask  for,  demand,  and  receive, 
of  and  from  all  and  every  person  and  persons  whatsoever,  as 
well  all  such  sum  and  sums  of  money  as  now  are,  or  which 
shall  or  may  at  any  time  hereafter  become  due  and  owing 
to  me  for  wages,  from  any  ship  or  ships  to  which  I  now  do 
or  may  belong;  as  also  all  and  other  moneys  now  due,  or  to 
become  due  and  owing  to  me  by  any  other  ways  or  means 


LETTER   OF    ATTORNEY.  243 

whatsoever;  and  upon  non  payment  either  of  the  whole  or 
of  any  part  of  the  said  pay,  or  other  demands,  I  do  hereby 
authorize  and  empower  my  said  wife  to  bring  a  suit  or  suits 
in  law,  in  my  name,  for  the  recovery  thereof.  In  witness 
whereof  I  have  hereunto  set  and  affixed  my  hand  and  seal, 
this  day  of,  &c. 

A.   B.       L.  8. 

Witness 


[12]   To  receive  Principal  and  Interest  of  the  Public  Debt. 

Know  all  Men,  by  these  presents,  that  1,  A.  B.  of,  &c, 
do  make,  constitute,  and  appoint  O.  P.  of,  &c,  my  true  and 
lawful  attorney,  for  me  and  in  my  name  to  receive  the 
dividends  which  are  or  shall  be  payable  according  to  law, 
on  the  [here  describe  the  stock]  standing  in  my  name,  in 
the  books  of  the  treasury  of  the  United  States  [or  the  com- 
missioner of  the  loans,  fyc,  as  the  case  may  be~]  from  the 
day  of  to  the  day  of  ,  with 

power  also  to  make  and  substitute  an  attorney  or  attorneys 
under  him  for  that  purpose,  and  to  do  all  lawful  acts  requi- 
site for  effecting  the  premises,  hereby  ratifying  and  confirm- 
ing all  that  my  said  attorney  or  his  substitute  shall  lawfully 
do  by  virtue  hereof. 

In  witness  whereof,  &c. 

A.  B.    L.  s. 

Sealed    and    delivered ) 
in  the  presence  of     \ 


[13]     To  receive  Bank  Stock,  and  to  transfer  the  same. 

Know  all  Men,  by  these  presents,  that  A.  B.  of,  &c,  and 
C.  B.  his  wife  (grand-daughter  and  administratrix  of  the 
goods  and  chattels,  rights  and  credits  of  Y.  Z.,  &,c,  deceas- 
ed) have  constituted  and  appointed,  and  by  these  presents 
do  constitute  and  appoint  O.  P.  of,  &c,  to  be  their  true  and 
lawful  attorney  for  them  the  said  A.  B.  and  C.  B.  and  for 
each  of  them,  and  in  their  names,  place,  and  stead,  and  to 
the  use  of  the  said  A.  B.  to  ask  for  and  receive  all  dividends 
now  due,  or  which  shall  hereafter  accrue  or  grow  due  to  the 


244  LETTER   OF    ATTORNEY. 

said  A.  B.  and  C.  B.  or  either  of  them,  from  the  president 
and  directors  of  the  Bank  of  North  America,  and  upon  the 
receipt  thereof,  or  of  any  part  thereof,  to  make  and  give  ac- 
quittances or  other  sufficient  discharges  for  the  same;  and 
also  to  assign  and  transfer  the  sum  of  one  thousand  dollars, 
of  the  stock  of  the  said  bank,  and  all  and  every  other  stoqk 
and  stocks  in  the  said  bank  of  North  America,  which  they 
the  said  A.  B.  and  C.  B.  or  either  of  them  have  or  has,  or 
are  or  is  entitled  unto,  or  as  she  the  said  C.  B.  as  adminis- 
tratrix of  her  said  late  grandfather  or  otherwise  is  entitled  to, 
to  the  said  A.  B.  or  to  such  person  or  persons  as  the  said 
A.  B.  shall  order  and  direct;  and  farther  to  do,  execute, 
perform,  and  finish  all  and  singular  the  acts,  matters,  and 
things,  which  shall  be  expedient  and  necessary,  touching  and 
concerning  the  premises,  as  fully  and  effectually  to  all  intents 
and  purposes  whatsoever,  as  they  the  said  A.  B.  and  C.  B. 
or  either  of  them,  might  or  could  do  in  or  about  the  same, 
being  personally  present,  and  whatsoever  he  the  said  O.  P. 
shall,  &c. 


[14]  To  make  entry  into  Lands. 

Know  all  Men  by  these  presents,  that  I,  A.  B.  of,  &c, 
have  made,  constituted  and  appointed,  and  by  these  presents 
I  do  make,  constitute  and  appoint,  C.  D.  of,  &c,  my  true 
and  lawful  attorney,  for  me,  in  my  name,  and  to  my  use,  to 
enter  into  and  upon  all  and  every  the  lands,  tenements  and 
hereditaments  situated  in  which  were  at  any 

time  the  inheritance  or  estate  of  E.  F.  late  of,  &c,  deceas- 
ed, who  was  the  grandfather  of  me  the  said  A.  B. ;  and  all 
the  lands,  tenements  and  hereditaments  aforesaid,  in  whose- 
soever possession  the  same  may  be,  in  my  name  and  right, 
to  claim,  challenge  and  demand,  as  my  proper  and  lawful 
inheritance.  And  farther,  for  me  and  in  my  name,  upon 
any  and  all  said  lands,  tenements  and  hereditaments,  to 
claim  and  demand  as  my  right  all  remainders,  reversions, 
freeholds,  estates  for  years  and  rents,  which  lawfully  and  of 
right  to  me  appertain  or  belong,  or  did  belong  to  my  said 
grandfather.  And  to  do  all  acts  and  things  in  my  name, 
which  to  my  said  attorney  may  appear  expedient,  and  con- 
venient to  enable  me  to  avail  myself  of  my  said  inheritance. 


LETTER   OF    ATTORNEY.  245 

And  1  hereby  give  my  said  attorney  full  power  in  the 
premises,  one  or  more  attorney  or  attorneys  under  him  to 
appoint,  and  at  his  pleasure  to  discharge.  And  I  hereby 
ratify  and  confirm  all  and  singular  the  things  my  said 
attorney  may  legally  do  or  cause  to  be  done  in  the  premises. 
In  testimony  whereof,  &tc. 


[15]  To  make  entry,  and  commence  Suits. 

Know  all  Men,  &c,  [as  before]  to  enter  into  and  upon  a 
certain  messuage  or  tenement,  with  the  appurtenances,  situ- 
ated in,  [describe  if]  and  peaceable  possession  thereof,  and 
seizin  therein,  for  me  and  in  my  name  to  take;  and  after 
such  possession  and  seizin,  for  me  and  in  my  name  and 
stead,  to  remove,  expel  and  put  forth  the  tenants  and  oc- 
cupiers of  said  messuage  or  tenement,  with  the  appurtenan- 
ces, and  the  same  for  my  use  to  take,  and  hold.  I  also 
give  and  grant  to  my  said  attorney  full  power  and  authority, 
for  me  and  in  my  name,  to  commence  and  prosecute  to  final 
judgment,  execution  and  discharge,  any  and  all  actions,  real 
or  personal,  which  he  may  judge  proper,  against  any  and  all 
tenants  or  claimants  of  the  «aid  messuage  or  tenement,  or 
those  who  shall  in  any  manner  disturb,  interrupt  or  prevent 
me  or  my  said  attorney  in  taking  and  maintaining  possession 
of  said  estate,  or  the  profit  and  income  thereof.  And  gen- 
erally to  do  all  acts  and  things  which  my  said  attorney  may 
deem  for  my  advantage  in  respect  of  said  estate.  And  for 
the  purposes  aforesaid,  my  said  attorney  is  hereby  empower- 
ed to  appoint  one  or  more  attorney  or  attorneys  under  him; 
and  the  same  at  his  pleasure  to  discharge.  And  I  hereby 
ratify  and  confirm  all  and  singular  the  things  my  said  attor- 
ney or  his  substitutes  may  lawfully  do  in  the  premises. 

In  testimony  whereof,  &c. 


[16]     To  enter  into,  survey,  and  make  a  lease  of  a  Farm. 

Know  all  Men,  Sec,  for  me  and  in  my  name,  to  enter  into 
and  take  possession  of  all  that  tract  of  land  or  farm,  with  the 

22* 


246  LETTER    OF    ATTORNEY. 

buildings  thereon,  and  all  the  privileges  thereof,  situated  in 
bounded  and  described  as  follows,  to  wit :  [describe 
the  premises]  and  for  me  and  in  my  name  to  view,  examine, 
and  survey  the  same;  and  having  so  done,  in  my  name,  and 
for  my  use  to  demise,  lease,  and  to  farm  let  the  same,  to 
such  persons,  on  such  term  of  years,  for  such  rent,  on  such 
terms,  conditions  and  limitations,  as  to  him  shall  appear  best, 
and  one  or  more  deed  or  deeds  of  lease  in  my  name  thereof 
to  execute  ;  giving  and  granting  to  my  said  attorney  in  the 
premises,  full  power  to  do  all  matters,  acts  and  things,  in  as 
full  and  ample  a  manner  as  I  myself  could,  were  I  person- 
ally present. 

In  testimony  whereof,  &.c. 


[17]          To  draw,  indorse,  and  negotiate   Bills  of  Ex- 
change, fyc. 

Know  all  men  by  these  presents,  that  I,  A.  B.  of,  &c, 
divers  good  causes  and  considerations  me  thereunto  moving, 
have  made,  constituted  and  appointed,  and  by  these  presents 
I  do  make,  Sic,  C.  D.  of,  &c,  to  be  my  true  and  lawful 
attorney,  for  me  and  in  my  name,  and  for  my  account  and 
use,  for  and  during  the  term  of  from  the  date  hereof, 

on  R.  &.  S.  of  Merchants,  on  account  of  money 

due  from  them  to  me  for  account  of  certain  goods  by  me  con- 
signed to  them  for  sale,  to  make  and  draw  bills  of  exchange, 
and  as  my  attorney  to  subscribe  my  name  thereto,  and  the 
same  to  negotiate  and  sell  in  the  market  for  the  best  price 
that  he  can  obtain  therefor,  and  to  receive  and  hold  to  my 
use  the  proceeds  of  such  sale. 

And  I  farther  empower  my  said  attorney,  during  the  term 
aforesaid,  to  indorse  in  my  name,  any  bill  or  bills  of  ex- 
change that  may  be  drawn  in  my  favour,  or  made  payable 
to  me,  and  in  the  like  manner  to  sell  the  same,  and  to 
receive  and  hold  the  proceeds  thereof  to  my  use.  And  for 
all  and  singular  the  purposes  aforesaid,  I  authorize  my  said 
attorney,  and  give  him  full  power  to  use  my  name,  hereby 
ratifying  and  confirming  all  and  singular  the  things  he  shall 
lawfully  do  in  the  premises. 

In  testimony  whereof,  &.c. 


LETTER   OP    ATTORNEY.  247 

[18]     To  prosecute  and  defend  —  (  To  be  given  to  a  regular 
Attorney.} 

I,  A.  B.,  of,  &c,  hereby  constitute  and  appoint  C.  D.,  of 
,  attorney  at  law,  to  be  my  attorney,  in  all  causes, 
real  or  personal,  had  or  to  be  moved  or  had  for  or  against 
me,  in  my  name  to  appear,  plead,  prosecute  or  defend  to 
final  judgment,  execution,  and  discharge,  with  power  of 
substitution.  In  testimony  whereof,  &c. 


[19]          To  prosecute,  or  defend  a  single  Action. 

I,  A.  B.,  of,  «fcc,  hereby  nominate  and  appoint  C.  D.,  of 
,  attorney  at  law,  to  be  my  attorney,  to  commence 
a  suit  in  my  favour  against  Y.  Z.,  of,  &.c,  on  [describe  the 
demand,]  and  thereon  to  plead,  and  the  same  to  prosecute 
to  final  judgment,  execution,  and  discharge,  (or,  to  defend  a 
suit  commenced  against  me  by  Y.  Z.,  of,  <$rc,  in 
Court,  and  therein  to  plead,  and  the  same  to  defend  to  final 
judgment,}  with  power  of  substitution. 

In  testimony  whereof.  &c. 


[20]      To  demand  Rent,  and  on  default  of  payment  to  re- 
enter  according  to  the  provisions  of  the  law. 

Know  all  men,  &c,  [in  common  form.]     To  demand  and 
receive  of  K.  L.,  on  next,  for  one  quarter's  rent 

of  that  messuage,  &.c,  which  by  Indentures  of  lease,  dated 
,  I  demised  to  the  said  K.  L.,  for  a  term  yet  un- 
expired ;  and  in  default  of  payment  of  said  sum  for  the  space 
of  days  after  the  same  shall  become  due,  to  enter 

into  and  upon  the  said  messuage,  for  me,  and  in  my  name 
and  stead,  and  to  expel  the  said  K.  L.  therefrom,  to  the  in- 
tent that  said  lease  may  be  terminated,  according  to  the  pro- 
visions therein  contained;  and  farther  to  do  and  perform  all 
things  necessary  to  be  done  and  performed  in  and  concern- 
ing the  premises  according  to  the  true  intent  and  meaning 
hereof.  In  witness  whereof,  &.c. 


248  LETTER   OF    ATTORNEY^ 


[21]     By  a  Merchant  to  his\  two  Clerks,  to  be  exercised 
during  his  absence  on  a  journey. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of,  &.c, 
merchant,  divers  good  causes  and  considerations  me  there- 
unto moving,  do  hereby  constitute  and  appoint  my  two 
clerks,  C.  D.  and  E.  F.,  now  in  my  counting  room  at 
,  to  be  my  true  and  lawful  attorneys,  for  me  and  in 
my  name  to  manage  and  transact  all  my  commercial  business, 
to  open  and  answer  all  letters  of  correspondence;  to  draw, 
accept,  endorse,  negociate,  pay,  and  receive,  any  and  all 
bills  of  exchange,  to  make  and  sign  drafts  on  the  cashier  of 
the  Bank,  and  on  Messrs  Y.  and  Z.,  with  whom 

I  have  deposited  money,  and  to  buy  and  sell  goods,  and  set- 
tle, balance,  and  discharge  accounts.  And  this  power  is  to 
be  exercised  by  my  said  attorneys,  only  during  my  absence 
on  a  journey  which  I  am  about  to  take  to  ,  and 

only  so  far  as  may  be  necessary  to  carry  on  and  manage  my 
commercial  concerns  in  the  mode  in  which  I  have  been  ac- 
customed to  manage  them.  And  the  powers  hereby  given 
are  to  be  exercised  by  my  said  attorneys  jointly,  and  not 
severally,  unless  one  of  my  said  attorneys  shall  happen  to 
die,  or  by  sickness  or  otherwise  shall  become  unable  to  exe- 
cute the  powers  herein  given;  in  which  case,  the  other  of 
my  said  attorneys  may  severally  execute  all  the  powers  here- 
by given.  And  I  do  hereby  ratify  and  confirm  all  and  sin- 
gular the  things  that  shall  be  lawfully  done  by  my  said  at- 
torneys, or  either  of  them,  in  the  premises. 

In  testimony  whereof,  &c. 


[22]          To  transfer  Stock  in  the  U.  S.  Bank. 

United  States  of  America,  State  of 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of,  &c, 
do  hereby  make,  constitute,  and  appoint  C.  D.,  of,  &c,  my 
true  and  lawful  attorney  for  me,  and  in  my  name  to  assign, 
transfer,  and  set  over  ten  shares,  to  me  belonging  in  the 
capital  stock  of  the  Bank  of  the  United  States  as  per  certifi- 
cates herewith,  No.  and  No.  ,  unto  O.  P.,  of, 
&c,  and  for  this  purpose,  to  make  and  execute  the  necessary 


LETTER   OF    ATTORNEY.  249 

acts  of  assignment  and  transfer,  and  to  do  all  lawful  acts  for 
effecting  the  premises,  in  as  full  and  ample  a  manner  as  I 
could  do,  were  I  personally  present,  hereby  ratifying  and 
confirming  all  that  my  said  attorney  shall  do  herein,  by  vir- 
tue hereof.  In  witness  whereof,  I  have  hereunto  affixed  my 
signature  and  seal,  this  first  day  of  March,  A.  D.  one  thous- 
and eight  hundred  and  thirty-two. 

A.B.     L.S. 
Signed  and  sealed, 
in  presence  of 

Commonwealth  of  Massachusetts:  ss. 

Then  the  above  named  A.  B.,  personally  appearing,  ac- 
knowledged the  foregoing  power  of  attorney  to  be  his  free 
act  and  deed. 

Before  me, 

Y.  Z.,  Notary  Public,  and  Seal. 


[23]     For  receiving  dividends  of  Stock  of  the  U.  S.  Bank. 

Know  all  men  by  these  presents,  That  I,  A.  B.,'of,  &c, 
do  make,  constitute,  and  appoint  C.  D.,  of,  &c,  to  be  my 
true  and  lawful  attorney  for  me,  and  in  my  name  and  behalf 
and  to  my  use  to  receive  and  give  receipts  for  all  dividends 
that  are  now  due,  and  that  shah1  hereafter  become  due,  and 
payable  to  me  on  all  my  stock  in  the  Bank  of  the  United 
States  of  America,  now  standing  and  hereafter  to  stand  in 
my  name  on  the  books  of  the  Branch  Bank  of  the  United 
States  at  ,  with  power  also  of  an  attorney  or  attor- 

neys under  him  for  that  purpose,  to  make  and  substitute,  and 
to  do  all  lawful  acts  requisite  for  effecting  the  premises, 
hereby  ratifying  and  confirming  all  that  he,  the  said  attor- 
ney, or  his  substitute,  or  substitutes,  shall  do  therein,  by  virtue 
hereof..  In  witness  whereof,  I  have  hereunto  set  my  hand 
and  seal,  the  first  day  of  March,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-two. 

A.  B.     L.  s. 
Signed  and  sealed, 

in  presence  of 


250  LETTER  OF  ATTORNEY. 

Commonwealth  of  Massachusetts:  ss. 

Then  the  above  named  A.  B.,  personally  appearing,  ac- 
knowledged the  foregoing  power  of  attorney  to  be  his  free 
act  and  deed.  Before  me, 

Y.  Z.,  Notary  Public,  and  Seal. 


[24]     For  receiving  Interest  or  Dividends  on  U.  S.  Stock. 

Know  all  men  by  these  presents,  That  I,. A.  B.,  of,  &c, 
do  make,  constitute,  and  appoint  C.  D.,  of,  &.c,  my  true  and 
lawful  attorney,  for  me  and  in  my  name,  to  receive  the  divi- 
dends which  are,  or  shall  be  payable  according  to  law,  on 
the  day  of  next,  on  all  the  stock,  to  wit, 

ten  thousand  dollars,  being  a  part  of  the  six  per  cent  loan 
of  the  United  States  of  America,  for  ,  in  the  year 

,  now  standing,  in  the  Books  of  the  Office  of  Dis- 
count and  Deposit  of  the  Bank  of  the  United  States,  at 
,  in  the  name  of  me  the  said  A.  B.,  with  power 
also  an  attorney  or  attorneys  under  him  for  that  purpose 
to  make  and  substitute;  and  to  do  all  lawful  acts  requisite 
for  effecting  the  premises;  hereby  ratifying  and  confirming 
all  that  my  said  attorney  or  his  substitute  shall  lawfully  do, 
by  virtue  hereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
seal,  the  first  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-two. 

A.  B.     L.  s. 
Sealed,  and  delivered, 

in  presence  of 

Commonwealth  of  Massachusetts, 
ss. 

Be  it  known,  That  on  the  first  day  of  March,  one  thous- 
and eight  hundred  and  thirty-two,  before  me,  Y.  Z. ,  a  no- 
tary public  by  legal  authority  admitted  and  sworn,  and 
dwelling  in  aforesaid,  personally  came  A.  B.,  above 

named,  and  acknowledged  the  above  letter  of  attorney  to  be 
his  free  act  and  deed. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
seal,  the  day  and  year  last  aforesaid. 

Y.  Z.,  Notary  Public,  and  Seal. 


LETTER   OF    ATTORNEY.  251 

JYbte.  —  This,  and  the  two  preceding  forms,  should  be 
acknowledged  before  a  notary.  They  may  be  acknowledg- 
ed before  a  justice,  but  then  there  must,  to  comply  with  the 
requisitions  of  the  paying  officers,  be  a  certificate  of  the 
clerk  of  the  county  court  that  he  is  a  justice,  and  that  no 
notary  resided  in  the  town  where  the  power  was  given. 


[25]          Letter  vf  Substitution  by  Endorsement. 

Know  all  men  by  these  presents,  That  I,  C.  D.,  named 
in  the  within  letter  of  attorney,  have  made,  appointed,  and 
substituted,  and  by  these  presents,  by  virtue  of  the  power 
and  authority  to  me  given  in  and  by  the  said  letter  of  attor- 
ney, do  make,  appoint,  and  substitute,  E.  F.,  of,  &c,  to  be 
the  true  and  lawful  attorney  of  the  said  A.  B.,  the  constitu- 
ent in  the  within  letter  of  attorney  named,  to  do,  execute, 
and  perform  all  such  acts,  deeds,  matters,  and  things,  as 
shall  and  may  be  requisite  and  necessary  to  be  done  and 
performed,  for  effecting  the  purposes  and  object  in  the  said 
letter  of  attorney  contained,  as  fully  and  effectually  in  all  re- 
spects, and  to  all  intents  and  purposes,  as  I  myself  might  or 
could  do  in  virtue  of  the  power  and  authority  aforesaid,  if 
personally  present,  hereby  ratifying  and  confirming  all  and 
whatsoever  my  said  substitute  may  lawfully  do  in  virtue  here- 
of. In  witness,  &c. 


[26]  General  Letter  of  Substitution. 

To  all  people  to  whom  these  presents  shall  come:  Where- 
as A.  B.,  of  ,  merchant,  in  and  by  a  certain  instru- 
ment of  writing  or  letter  of  attorney,  bearing  date  the  first  day 
of  January,  one  thousand  eight  hundred  and  thirty-two,  did 
make,  constitute,  authorize,  and  appoint  C.  D.,  of,  &c,  to, 
[»Sfc,  as  in  the  original  power,]  as  in  and  by  the  said  letter 
of  attorney,  (recorded,  or  intended  to  be  recorded,  &c,)  re- 
lation being  thereunto  had,  appears.  Xow  know  ye,  That 
the  said  C.  D.  has  made,  appointed,  substituted,  and  by 
these  presents,  by  virtue  of  the  power  and  authority  given 
to  him  by  the  said  recited  letter  of  attorney,  does  make,  ap- 
point, and  substitute,  E.  F.,  of,  Stc,  [as  in  the  last  form.] 


252  LETTER   OF    ATTORNEY. 


[27]  Letter  of  Revocation,  fyc. 

To  all  people  to  whom  these  presents  shall  come:  Where- 
as I,  A.  B.,  of  the  city  of  ,  and  state  of  , 
merchant,  did  heretofore,  by  a  certain  instrument  in  writing, 
or  letter  of  attorney,  empower  C.  D.,  of,  &c,  to  be  my  at- 
torney, in  my  name  and  for  my  use,  to  recover  and  receive 
all  such  money,  debts,  and  effects  whatsoever,  as  were  due, 
owing,  or  payable  unto  rne  by,  &c,  [as  in  the  power.]  And 
to  do  all  other  matters  and  things  as  fully  as  1  myself  might 
or  could  do  for  that  purpose,  &c,  or  to  that  or  the  like  effect, 
as  by  the  same  writing,  relation  being  thereunto  had,  at 
large  appears.  Now  know  ye,  That  I,  the  said  A.  B.,  for 
divers  good  causes  and  valuable  considerations,  have  revok- 
ed, recalled,  countermanded,  and  made  void,  and  by  these 
presents  do  revoke,  recall,  countermand,  and  to  all  intents 
and  purposes  make  null,  void,  and  of  no  effect,  the  said 
recited  writing,  or  letter  of  attorney,  and  all  powers  and 
authorities  therein  and  thereby  given  and  granted,  and  all 
other  matters  and  things  therein,  or  in  any  of  them  contain- 
ed ;  and  all  acts,  matters,  and  things  whatsoever,  which 
shall  or  may  be  acted,  done,  or  performed,  by  virtue  or 
means  thereof  in  any  manner  whatsoever:  [Here  conclude, 
In  ivitness  whereof,  fyc.  But  if  another  attorney  is  appoint- 
ed, then  continue  as  follows  :] 

And  farther  know  ye,  that  I,  the  said  A.  B.,  do  by  these 
presents,  make,  name,  constitute,  and  appoint,  and  in  my 
place  and  stead,  put  and  depute  I.  S.,  of,  &c,  to  be  my  true 
and  lawful  attorney  irrevocable,  for  me  and  in  my  name,  &c. 

Notes.  —  When  letters  of  attorney  are  to  be  sent  abroad, 
it  is  safest  to  have  them  acknowledged  before  a  notary  pub- 
lic. And  if  such  a  letter  is  to  be  sent  to  a  foreign  country, 
having  a  consul  near  the  place  where  the  letter  is  made,  it 
should  be  authenticated  by  such  consul. 

Minors,  and  married  women  alone,  cannot  make  attor- 
neys. But  infants,  if  of  the  age  of  discretion,  and  married 
women,  may  be  attorneys. 

An  attorney  cannot  substitute,  unless  expressly  authoriz- 
ed in  the  letter  so  to  do. 

A  power  of  attorney,  where  a  naked  authority  is  given, 
is  revocable  at  pleasure,  though  purporting  to  be  irrevoca- 


LETTER  OF    CREDIT.  253 

ble;  but  where  the  authority  is  coupled  with  an  interest,  it 
is  irrevocable,  though  it  be  not  so  stated  in  the  letter. 

On  the  death  of  the  constituent,  all  the  authority  of  the 
attorney  ceases,  and  his  subsequent  acts,  as  such  attorney, 
are  void. 

Where  a  conveyance  is  made  by  an  attorney,  he  should 
grant  in  the  name  of  the  principal,  and  put  the  principal's 
name,  and  seal  to  the  deed,  and  acknowledge  it  before  the 
magistrate  to  be  the  deed  of  the  principal. 

A  feme  covert  may  lawfully  act  as  her  husband's  attorney, 
if  duly  empowered  by  a  letter  of  attorney  from  him. 


LETTER  OF  CREDIT. 

BOSTON,  MAY  1,  1832. 
Messrs  Y.  &  Z.  Merchants,  Baltimore. 

Gentlemen, 

Please  to  deliver  Mr  C.  D.  of  ,  or  to  his  order, 

goods  and  merchandize  to  an  amount  not  exceeding  in  value 
in  the  whole  One  Hundred  Dollars,  and  on  your  so  doing 
I  hereby  hold  myself  accountable  to  you  for  the  payment  of 
the  same,  in  case  Mr  C.  D.  should  not  be  able  so  to  do,  or 
should  make  default,  of  which  default  you  are  required  to 
give  me  reasonable  and  proper  notice. 

Your  obedient  servant,  A.  B. 


LETTER  OF  LICENSE. 

[1]  To  an  embarrassed  Debtor. 

To  all  persons  to  whom  these  presents  shall  come,  we, 
who  have  hereunto  subscribed  our  names,  and  affixed  our 
seals,  creditors  of  Y.  Z.  of  ,  send  greeting: 

Whereas  the  said  Y.  Z.  on  the  day  of  the  date  hereof,  is 
indebted  to  us,  his  several  creditors,  parties  hereto,  in  several 
sums  of  money,  which  at  present  he  is  unable  to  pay  and 
satisfy,  without  respite  and  time  to  be  given  him  therefor. 
Now  therefore  know  ye,  that  we  the  said  several  creditors 
of  the  said  Y.  Z.  and  each  of  us,  at  his  special  request, 
have  respectively  and  severally  given  and  granted,  and  by 
23 


254  LETTER   OF    LICENSE. 

these  our  present  Letters  of  License,  do  give  and  grant  to 
the  said  Y.  Z.  full  and  free  license,  liberty  and  authority, 
to  pursue  his  avocations,  and  hold,  employ  and  manage  his 
property,  in  such  place  and  places,  and  in  such  manner  as 
to  him  may  appear  best,  free  from  and  without  any  arrest, 
attachment,  let,  impediment,  molestation  or  trouble,  from  us 
or  any  of  us,  or  our  respective  heirs,  executors,  administra- 
tors, copartners  in  business,  or  assigns,  for  and  during  the 
full  term  of  one  year  from  the  day  of  the  date  hereof.  And 
we  the  said  several  creditors  of  the  said  Y.  Z.  in  considera- 
tion of  the  premises,  and  of  one  dollar  to  each  of  us  paid  by 
the  said  Y.  Z.  the  receipt  whereof  is  hereby  acknowledged, 
do  hereby  respectively,  for  ourselves,  and  our  respective 
heirs,  executors,  administrators,  copartners  and  assigns, 
covenant  with  the  said  Y.  Z.  that  we  will  not  respectively, 
nor  shall  our  respective  legal  representatives,  as  aforesaid, 
during  the  time  aforesaid,  sue,  arrest,  attach,  or  prosecute 
the  said  Y.  Z.  nor  permit  him  or  his  effects  to  be  sued,  ar- 
rested, attached  or  prosecuted,  on  any  of  our  respective  de- 
mands against  him;  and  farther  we  do  respectively  as  afore- 
said covenant  with  the  said  Y.  Z.  that  if  any  suit,  arrest,  or 
molestation  shall  be  done  to  him  the  said  Y.  Z.  or  to  his 
property,  on  any  of  our  respective  demands  during  the  term 
aforesaid,  then  the  said  Y.  Z.  shall  be  for  ever  discharged 
of  and  from  each  and  every  of  our  respective  demands 
against  him,  on  which  any  suit  shall  be  commenced,  and  on 
which  he  shall  be  put  to  any  cost,  arrest,  attachment,  trou- 
ble or  charge,  during  the  term  aforesaid.  And  the  covenants 
of  us  the  said  creditors  of  said  Y.  Z.  herein  contained,  are 
made,  severally,  and  not  jointly. 
In  witness  whereof,  &c. 


[2]     A  Letter  of  License,  and  composition  with  Creditors. 

To  all  people  to  whom  these  presents  shall  come,  we,  who 
have  subscribed  our  names,  and  affixed  our  seals  hereto, 
being  creditors  of  A.  B.  of  ,  send  greeting: 

Whereas  the  said  A.  B.  on  the  day  of  the  date  hereof,  is 
justly  indebted  to  us  respectively,  his  several  creditors,  par- 
ties hereto,  in  several  sums  of  money;  but  by  reason  of 
misfortunes  and  losses  he  is  unable  to  pay  us  our  just  do- 


LETTER   OF    LICENSE.  255 

mands  on  him  in  full;  and  we  are  severally  satisfied,  that 
the  property  and  effects  which  the  said  A.  B.  has  will  avail 
and  produce  more  under  his  management  than  it  would  or 
could  if  assigned  to  us  ;  and  we  the  said  creditors  have  un- 
diminished  confidence  in  the  integrity  of  said  A.  B.,  and  are 
willing  to  settle  our  claims  and  demands  on  him  in  such  a 
manner  as  it  will  be  in  his  power  to  meet  —  and  we  have 
agreed  to  give  him  an  extension  of  time  of  payment,  and  to 
suffer  him  to  retain  the  possession  and  management  of  the 
whole  of  his  estate;  and  to  suffer  and  undergo  a  certain  loss 
on  our  several  demands  against  him,  and  to  accept  fifty  cents 
on  each  dollar,  and  at  that  rate,  on  the  amount  of  each  and 
every  of  our  several  and  respective  demands  on  him  the  said 

A.  B.  in  full  discharge  of  our  said  several  and  respective 
demands.     Now  therefore  know  ye,  that  we  the  said  several 
creditors  of  the  said  A.  B.  do  hereby,  for  ourselves,  and  our 
several  and  respective  executors,  administrators,  copartners 
in  business,  and  assigns,  severally  and  respectively,  cove- 
nant, compound,  promise  and  agree  to  and  with  the  said  A. 

B.  his  executors  and  administrators,  that  we,  his  said  several 
and  respective  creditors,  and  our  several  and  respective  legal 
representatives  as  aforesaid,  shall  and  will  take  and  receive 
of  the  said  A.  B.  as  aforesaid,  at  and  after  the  rate  of  fifty 
cents  for  each  and  every  dollar  in  which  he  is  indebted  to  us 
respectively,  in  full  satisfaction  and  discharge  of  the  several 
and  respective  sums  in  which  he  is  indebted  to  us  respect- 
ively:   And  we  do  severally,  as  aforesaid,  covenant  with  the 
said  A.  B.  and  his  legal  representatives,  that  we,  and  each 
of  us,  will  give  to  him  and  them  the  full  term  of  one  year 
from  the  day  of  the  date  hereof,  to  pay  to  us  and  each  of  us, 
the  said  sum  of  fifty  per  cent  on  each  and  all  the  sums  in 
which  he  is  indebted  to  us  respectively,  in  full  satisfaction 
and  discharge  of  our  several  and  respective  demands  against 
him.     And  we  the  said  several  creditors  of  the  said  A  B. 
for  ourselves  and  our  representatives  as  aforesaid,  do  cove- 
nant with  the  said  A.  B.  that  for  and  during  the  said  year 
from  the  date  hereof,  we  will  not  respectively  bring  or  per- 
mit to  be  brought  any  suit  or  process  against  him  the  said  A. 
B.  on  our  several  and  respective  demands  against  him,  or  on 
any  of  them  ;  and  that  in  respect  of  the  same  we  will  not 
cause  or  permit  any  damage,  cost,  disturbance  or  interrup- 
tion to  him  in  any  manner  whatsoever  during  the  said  year. 
And  farther  we  severally  as  aforesaid,  covenant  with  the 


256  T.ETTER   OP    LICENSE. 

said  A.  B.  that  if  he  will,  within  the  said  year,  pay  to  us  re- 
spectively, or  to  any  of  us  the  said  sum  of  fifty  per  cent  on 
our  respective  just  demands  against  him,  thereupon  we  will 
respectively,  to  whom  he  shall  so  pay  the  said  sum  of  fifty 
per  cent,  give  to  him  the  said  A.  B.  full  and  ample  discharg- 
es of  and  for  all  our  several  claims  and  demands  against  him 
the  said  A.  B.  of  every  name  and  nature. 
In  witness  whereof,  &c. 


[3]  Letter  of  License,  on  condition. 

To  all  persons,  &c,  [as  in  JVb.  I.] 

Provided  always,  and  these  letters  are  upon  this  condition, 
that  if  the  said  Y.  Z.  his  executors,  administrators  or  as- 
signs, do  not  well  and  truly  pay  to  us,  severally,  his  said 
creditors,  who  have  become  parties  hereto,  or  to  our  repre- 
sentatives, the  several  sums  of  money,  herein  by  him  the 
said  Y.  Z.  provided  to  be  paid  to  us  severally,  as  follows, 
to  wit,  &c  :  that  then,  and  upon  the  failure  of  the  said  Y.  Z. 
to  pay  each  and  every  of  the  said  sums  to  each  and  every  of 
us,  his  said  creditors,  at  the  times  and  on  the  conditions 
aforesaid,  and  from  thenceforth,  this  letter  of  license  shall 
be  utterly  void  and  of  no  effect,  toward  him  or  them  of  us, 
to  whom  such  default  of  payment  shall  happen,  anything  to 
the  contrary  hereof  within  contained  notwithstanding. 


MANUMISSION 

Of  a  slave- 
Know   all  Men   by  these   presents,    That  I,  A.  B.  of 
,  in  the  state  of  ,  for  and  in  consideration 

of  the  sum  of  one  dollar,  to  me  in  hand  paid  by  C.  D.  of, 
&c,  the  receipt  whereof  I  do  hereby  acknowledge,  have 
given,  granted,  bargained,  sold,  aliened,  released,  and  con- 
firmed, and  by  these  presents,  do  give,  grant,  bargain,  sell, 
alien,  release,  and  confirm  unto  the  said  C.  D.  a  negro  boy 
called  L.  (son  of  the  said  C.  D.)  together  with  all  the  right, 
title,  interest,  claim,  property,  possession,  and  demand  what- 


MANUMISSION.  257 

soever,  of  me,  my  executors  or  administrators,  of,  in,  and  to 
the  said  negro  L.  to  have  and  to  hold  the  said  negro  L.  and 
all  and  singular  the  premises  above  mentioned,  unto  him  the 
said  C.  D.  for  ever,  for  the  purpose  of  making  the  said  L. 
free. 

In  witness,  &c. 


-  Another. 

Know  all  Men  by  these  presents,  That  I,  A.  B.  of  the 
city  of  ,  in  the  state  of  ,  from  motives 

of  benevolence  and  humanity,  have  manumitted,  and  hereby 
do  manumit  and  set  free  from  slavery,  my  negro  girl  S. 
aged  about  seventeen  years  :  On  condition,  however,  that 
she  do  forthwith  bind  herself  by  indenture  to  serve  me,  my 
executors,  administrators,  or  assigns,  until  she  shall  attain 
the  age  of  twenty -eight  years  :  And  I  do  hereby  give,  grant, 
and  release  unto  tlie  said  S.  all  my  right,  title,  and  claim, 
of,  and  to  her  person,  labour,  and  service,  and  of,  in,  and  to 
the  estate  and  property  which  she  may  hereafter  acquire  or 
obtain  ;  excepting  only  her  service  in  manner  and  during 
the  term  above  mentioned. 

In  witness,  &.c. 


MORTGAGES. 

A  Mortgage  is  a  conveyance  of  property,  real  or  person- 
al, as  a  direct  or  collateral  security  for  the  payment  of 
money,  or  the  performance  of  some  contract. 

Deeds  of  Mortgage  may  be  made  in  any  of  the  customary 
forms  of  conveyance  ;  and  they  differ  from  simple  deeds 
of  conveyance  only  by  inserting  a  clause  of  defeasance,  or  a 
provision  that  on  the  payment  of  a  sum  of  money,  or  the 
performance  of  some  contract,  the  deed  shall  be  void. 

Mortgages  are  sometimes  made  as  the  only  security  for 
the  payment  of  money,  or  the  performance  of  a  contract, 
but  more  commonly  they  are  collateral  to  bonds,  notes  of 
hand,  or  other  contracts. 
23* 


258  MORTGAGES. 


[1]  Where  no  other  Security  is  given. 

Know   all  Men  by  these  presents,   That  I,  A.  B.  of 
,  in  consideration  of  the  sum  of  one  thousand  dollars, 
to  me  paid  by  C.  D.  of  ,  the  receipt  whereof  I  do 

hereby  acknowledge,  do  hereby  give,  grant,  sell  and  convey 
unto  the  said  C.  D.  his  heirs  and  assigns,  a  farm  containing 
about  one  hundred  acres  of  land,  with  the  houses,  barns  and 
other  buildings  thereon,  and  all  its  privileges  and  appur- 
tenances, situated  in  ,  bounded  and  described 
as  follows,  to  wit :  [here  describe  the  premises.] 

To  have  and  to  hold  the  afore-granted  premises  to  the 
said  C.  D.  his  heirs  and  assigns,  to  his  and  their  use  and 
behoof  forever.  And  I,  the  said  A.  B.  do  hereby  for  my- 
self and  my  heirs,  executors  and  administrators,  covenant 
with  the  said  C.  D.  and  his  heirs'  and  assigns,  that  I  am 
lawfully  seized  in  fee  simple  of  the  afore-granted  premises  ; 
that  they  are  free  of  all  incumbrances  ;  that  I  have  good 
right  to  sell  and  convey  the  same  to  the  said  C.  D. 

And  that  I  will,  and  my  heirs,  executors  and  administra- 
tors shall  warrant  and  defend  the  same  premises,  to  the  said 
C.  D.  his  heirs  and  assigns,  forever,  against  the  lawful 
claims  and  demands  of  all  persons. 

Provided  nevertheless,  That  if  the  said  A.  B.  his  heirs, 
executors  or  administrators,  pay  to  the  said  C.  D.  his  heirs, 
executors,  administrators  or  assigns,  the  sum  of  one  thous- 
and dollars  in  one  year  from  the  date  hereof,  then  this  deed 
shall  be  void;  otherwise  it  shall  remain  in  full  force. 

In  witness  whereof,  J,  the  said  A.  B.  together  with  L.  B. 
my  wife,  who  hereby  releases  her  right  of  dower  in  the 
premises,  have  hereunto  set  our  hands  and  seals  this  first 
day  of  March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-two. 

A.  B.     L.  s. 
L.  B.    L.  s. 

Signed,  sealed  and  delivered 
in  presence  of  us, 


MORTGAGES  259 


[2]      By  Quitclaim,  as  collateral  security  for  a  Note. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of,  &c, 
in  consideration  of  dollars,  to  me  paid  by  C.  D., 

of,  &c,  the  receipt  whereof  I  do  hereby  acknowledge,  do 
hereby  grant,  sell,  and  quit-claim  unto  the  said  C.  D.,  his 
heirs  and  assigns,  all  my  right,  title,  claim  and  demand,  in 
and  unto  a  dwelling  house,  lot,  and  out  buildings,  situated  in 
,  described  and  bounded  as  follows,  to  wit, 

To  have  and  to  hold  the  same  to  the  said  C.  D.,  his 
heirs  and  assigns,  to  his  and  their  use  and  behoof  forever. 
And  I  do  covenant  to  warrant  and  defend  the  said  granted 
and  quit  claimed  premises  to  the  said  C.  D.,  his  heirs  and 
assigns  forever,  against  the  lawful  claims  and  demands  of  all 
persons,  claiming  by  or  under  me. 

Provided  nevertheless,  that  if  I,  the  said  A.  B.  or  my 
heirs,  executors,  and  administrators,  shall  pay  to  the  said 
C.  D.,  his  executors,  administrators,  and  assigns,  the  sum 
of  five  hundred  dollars  in  two  years,  with  interest  thereon 
semiannually,  then  this  deed,  as  also  a  certain  note  of  hand 
bearing  even  date  herewith,  given  by  the  said  A.  B.  to  the 
said  C.  D.,  to  pay  the  said  sum  and  interest  at  the  times 
aforesaid,  shall  both  be  void.  In  testimony  whereof,  &c. 


[3]  Common  form  to  secure  a  Note. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of,  &c, 
in  consideration  of  the  sum  of  dollars,  to  me  paid  by 

C.  D.,  of,  &.c,  the  receipt  whereof  I  do  hereby  acknowledge, 
do  hereby  give,  grant,  sell,  and  convey  unto  the  said  C.  D., 
his  heirs  and  assigns,  my  warehouse,  situated  in  , 

described  and  bounded  as  follows,  to  wit, 

To  have  and  to  hold  the  afore-granted  premises  to  the 
said  C.  D.,  his  heirs  and  assigns,  to  his  and  their  use  and 
behoof  forever.  And  I,  the  said  A.  B.,  do  hereby  for  my- 
self and  my  heirs,  executors,  and  administrators,  covenant 
with  the  said  C.  D.,  his  heirs  and  assigns,  that  I  am  lawfully 
seized  in  fee  simple  of  the  afore-granted  premises:  that  they 


260  MORTGAGES. 

are  free  from  all  incumbrances;  that  I  have  good  right  to  sell 
and  convey  the  same  to  the  said  C.  D. 

And  that  I  will,  and  my  heirs,  executors,  and  administra- 
tors shall  warrant  and  defend  the  same  premises,  to  the  said 
C.  D.,  his  heirs  and  assigns,  forever,  against  the  lawful 
claims  and  demands  of  all  persons. 

Provided  nevertheless,  That  if  the  said  A.  B.,  his  heirs, 
executors,  .or  administrators,  pay  to  the  said  C.  D.,  his 
heirs,  executors,  administrators,  or  assigns,  the  sum  of 
,  with  interest,  in  one  year  from  the  date  hereof, 
then  this  deed,  as  also  a  certain  note  of  hand  bearing  even 
date  with  these  presents,  given  by  the  said  A.  B.  to  the  said 
C.  D.,  to  pay  the  same  sum  at  the  time  aforesaid,  shall  both 
be  void;  otherwise  they  shall  remain  in  full  force. 

In  witness  whereof,  I,  the  said  A.  B.,  together  with  L. 
B.,  my  wife,  who  joins  me  in  this  deed  for  the  purpose  of 
relinquishing  her  right  of  dower  in  the  premises,  have  here- 
unto set  our  hands  and  seals,  this  first  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-two. 

A.  B.     L.  s. 
L.  B.     L.  s. 
Signed,  sealed,  and  delivered, 

in  presence  of  us, 


[4]      A  common  mortgage  Deed  —  to  secure  a  Bond. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of,  &c, 
in  consideration  of  the  sum  of  ,  to  me  paid  by  C. 

D.,  of,  &c,  the  receipt  whereof  I  do  hereby  acknowledge, 
do  hereby  give,  grant,  bargain,  sell,  and  convey,  unto  the 
said  C.  D.,  his  heirs  and  assigns  forever,  a  certain  piece  or 
parcel  of  land,  with  all  the  privileges  and  appurtenances 
thereof,  situated  in  ,  bounded  and  described  as  fol- 

lows, to  wit, 

To  have  and  to  hold  the  same  to  the  said  C.  D.,  his  heirs 
and  assigns,  to  his  and  their  use  and  behoof  forever.  And 
I,  the  said  A.  B.,  for  myself,  my  heirs,  executors,  and  ad- 
ministrators, do  covenant  with  the  said  C.  D.,  his  heirs  and 
assigns,  that  I  am  lawfully  seized  in  fee  of  the  aforegranted 
premises:  that  they  are  free  of  all  incumbrances;  that  I  have 
good  right  to  sell  and  convey  the  same  to  the  said  C.  D.  as 


MORTGAGES.  261 

aforesaid;  —  and  that  I  will,  and  my  heirs,  executors,  and  ad- 
ministrators shall  warrant  and  defend  the  same  to  the  said 
C.  D.,  his  heirs  and  assigns  forever,  against  the  lawful 
claims  and  demands  of  all  persons. 

Provided  nevertheless,  that  if  the  said  A.  B.,  his  heirs, 
executors,  or  administrators,  shall  pay  to  the  said  C.  D.,  his 
executors,  administrators,  and  assigns,  the  sum  of  , 

with  lawiul  interest  thereon,  on  or  before  the  day  of 

,  then  this  deed,  as  also  a  certain  bond  bearing  even 
date  with  these  presents,  given  by  the  said  A.  B.  to  the  said 
C.  D.,  in  the  penal  sum  of  ,  conditioned  to  pay  the 

first  sum  above  mentioned,  with  interest  thereon,  at  the  time 
aforesaid,  shall  both  be  void,  otherwise  they  shall  remain  in 
force.  In  witness  whereof,  &c. 


[5]  Of  Land  for  a  term  of  years. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of,  &c, 
in  consideration  of  ,  to  me  paid  by  C.  D.,  of  , 

the  receipt  whereof!  do  hereby  acknowledge,  have  demised, 
granted,  bargained,  and  to  farm  let,  and  I  do  hereby  demise, 
grant,  bargain,  and  to  farm  let,  unto  the  said  C.  D.,  his  ex- 
ecutors, administrators,  and  assigns,  all  that  farm,  with  the 
dwelling-house  and  buildings  thereon,  situated  in  , 

described  and  bounded  as  follows,  to  wit, 

To  have  and  to  hold  the  same,  with  all  the  privileges  and 
appurtenances  thereof,  to  him  the  said  C.  D.,  his  executors, 
administrators,  and  assigns,  for  and  during  the  full  term  of 
years,  from  the  day  of  the  date  hereof :  the  said 
C.  D.  yielding  and  paying  yearly,  and  in  every  year  during 
the  said  term,  as  rent  for  the  demised  premises  to  the  said 
A.  B.,  one  peppercorn,  if  it  be  legally  demanded,  on  each 
and  every  day  of  during  the  said  terra. 

And  1,  the  said  A.  B.,  [insert  a  covenant  for  quiet  enjoy' 
ment.  J 

Provided  nevertheless,  that  if  the  said  A.  B.,  his  heirs, 
executors,  or  administrators,  shall  well  and  truly  pay  to  the 
said  C.  D.,  his  executors,  administrators,  or  assigns,  the 
sum  of  ,  in  one  year  from  the  day  of  the  date  here- 

of, then  this  demise,  grant,  or  deed,  shall  be  void,  other- 
wise it  shall  remain  absolute. 

In  testimony  whereof,  &c. 


MORTGAGES. 


[6]  Of  Goods. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of 
,  in  consideration  of  ,  to  me  paid  by  C. 

D.,  of  ,  the  receipt  whereof  is  hereby  acknowledg- 

ed, do  hereby  give,  grant,  sell,  and  convey,  unto  the  said 
C.  D.,  all  the  chattels,  goods,  wares,  and  merchandize  fol- 
lowing, to  wit,  (or  mentioned  in  the  schedule  hereto  an- 
nexed.} 

To  have  and  to  hold  the  same  to  the  said  C.  D.,  his  ex- 
ecutors, administrators,  and  assigns,  to  his  and  their  use  and 
behoof  forever.  And  I  do  covenant  with  the  said  C.  D., 
&c,  [add  the  usual  covenants  of  warranty.'] 

Provided  nevertheless,  That  if  I,  the  said  A.  B.,  or  my 
executors,  or  administrators,  shall  pay  to  the  said  C.  D.,  his 
executors,  administrators,  or  assigns,  the  sum  of  , 

with  legal  interest  thereon,  in  one  year  from  the  day  of  the 
date  hereof,  then  this  deed,  as  also  a  note  of  hand  of  even 
date  herewith,  given  by  the  said  A.  B.  to  the  said  C.  D., 
to  pay  the  sum  aforesaid  at  the  time  aforesaid,  shall  both  be 
void:  otherwise  they  shall  remain  in  full  force  and  virtue. 

In  witness  whereof,  Sec. 


[7]  Mortgage  of  Indemnity,  by  Indenture. 

This  Indenture,  made  the  first  day  of  June,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-two,  between 
A.  B.  of  the  one  part,  and  C.  D.  and  E.  F.  of  the  other  part, 
Witnesses,  that  whereas  the  real  estate  of  C.  B.  late  of,  &c, 
deceased,  father  of  the  aforesaid  A.  B.  has  lately  been 
valued,  under  a  writ  of  partition  or  valuation,  issued  out  of 
the  Court  of  the  county  of  ,  aforesaid, 

at  the  sum  of  two  thousand  dollars,  and  has  been  adjudged 
to  the  aforesaid  A.  B.  eldest  son  of  the  said  C.  B.  deceas- 
ed: And  whereas  the  said  C.  D.  and  E.  F.  were  approved 
by  the  court  aforesaid  as  sureties  of  the  said  A  B.  and  have 
this  day  become  bound  with  him  in  three  bon  's  or  writings 
obligatory,  bearing  even  date  herewith,  to  w  t  in  one  bond 
to  G.  H.  who  intermarried  with  N.  (late  N.  B.)  in  the  sum 


MORTGAGES.  263 

of  five  hundred  dollars,  conditioned  for  the  payment  of  two 
hundred    dollars    on  or   before  the    first   of  January    next 
ensuing  the  date  thereof,  and  the  farther  sum  of  fifty  dollars 
at  and  immediately  after  the  decease  of  O.,  widow  of  the  said 
C.  B.  deceased,  the  said  sums  being  the  said  N.'s  share: 
in  one  other  bond  to  D.  B.  a  son  of  the  said  C.  B.  deceas- 
ed, in  the  same  sum  as  aforesaid,   of  the  valuation  money 
aforesaid;  and  conditioned  for  the  payment  thereof,  in  like 
manner,    and   at  the  time  aforesaid,  being    his   share,  &c, 
[here  mention  the  other  bonds,  in  a  similar  manner,]  the 
whole  sum  for  which  the  said  C  D.  and   EC.  F.  have  be- 
come bound  as  aforesaid  with  the  said  A.  B.  being  fifteen 
hundred  dollars,  and  being  also  for  the  proper  debt  or  debts 
of  the  said  A.  B.     Now  this  Indenture  witnesses,  that  the 
said  A.  B.  for  and  in  consideration  of  the  sum  of  one  dollar, 
to  him  paid  by  the  said  C.  D.  and  E.  F.  and  for  the  purpose 
of  securing  and  indemnifying  the  said  C.  D.  and  E.  F.  and 
each  of  their  heirs,  executors,  and  administrators,  for  or  on 
account  of  the  suretyship  aforesaid,  has  granted,  bargained, 
sold,   released  and  confirmed,  and  by  these  presents,  does 
grant,  bargain,  sell,   release,  and  confirm,  unto  the  said  C. 
D.  and  E.  F.  and  to  their  heirs  and  assigns,  all  that  messu- 
age, &c,  [here  describe  the  premises,]  together  with  all  the 
appurtenances  whatsoever,  thereunto  belonging ;  and  the  re- 
versions and  remainders,  rents,  issues  and  profits  thereof,  To 
have  and  to  hold  the  said  messuage,  8tc,  hereditaments  and 
premises,  hereby  granted,  or  mentioned,  or  intended  so  to  be, 
with  the  appurtenances,  unto  the  said  C.  D.  and  E.  F.  their 
heirs  and  assigns  to  the  only  proper  use  and  behoof  of  the 
said  C.  D.  and  E.  F.  their  heirs  and  assigns  for  ever.     Pro- 
vided always,  nevertheless,  that  if  the  said  A.  B.  his  heirs, 
executors,  administrators,  or  any  of  them,  shall   and  do  well 
and  truly  pay  or  cause  to  be  paid  unto  the  said  G.  H.,  D.  B. 
Sec,  the  said  sums  mentioned  in  the  said  bonds,  [or  notes,  as 
the  case  may  6e,]  or  by  other  lawful  means,  save,  keep  harm- 
less, and  indemnified,  the  said  C.  D.  and  E.  F.  their  heirs, 
executors,  and  administrators,  from  the  payment  of  the  said 
bonds,   and   all  costs,  damages,  or  charges,  as  sureties  ad 
aforesaid,  [or  as  endorsers  of  the  said  note,  as  the  case  may 
be]  then  and  from  thenceforth,  as  well  this  present  indenture 
and  the  estate  hereby  granted,  as  the  said  recited  obliga- 
tion, shall  cease,  determine,  and  become  absolutely  null  and 


264  MORTGAGES. 

void,  any  thing  herein  contained,  to  the  contrary  notwith- 
standing. 

In  witness  whereof,  &c. 


[8]  To  secure  Endorsers,  by  Indenture. 

This  Indenture,  made,  &c,  [here  insert  the  parties] 
Whereas  the  said  C.  D.  and  E.  F.  have  endorsed  for  the  said 
A.  B.  a  certain  promissory  note  for  the  sum  of  five  hundred 
dollars,  dated  the  first  day  of  May  last  past,  and  payable 
three  months  after  date,  which  is  now  discounted  at  the 
Bank  of  ,  and  which  said  note  it  is  contem- 

plated to  renew  from  time  to  time;  and  the  said  A.  B.  being 
desirous  to  secure  and  save  the  said  C.  D.  and  E.  F. 
against  all  responsibility  as  endorsers  of  the  note  aforesaid, 
therefore  this  Indenture  witnesses,  that  the  said  A.  B.  as 
well  for  and  in  consideration  of  securing  the  said  endorsers 
from  the  payment  of  the  note  aforesaid,  as  the  sum  of  one 
dollar  to  him  in  hand  paid  by  the  said  C.  D.  and  E.  F.  at 
and  before  the  sealing  and  delivery  hereof,  the  receipt 
whereof  is  hereby  acknowledged,  has  granted,  bargained, 
sold,  released,  and  confirmed,  and  by  these  presents  does 
grant,  bargain,  release,  and  confirm,  unto  the  said  C.  D. 
and  E.  F.  their  heirs  and  assigns,  all  that  certain  messuage, 
&c,  [here  describe  the  premises  and  recite  the  title.]  To- 
gether with  all  the  appurtenances  whatsoever,  thereunto 
belonging;  and  the  reversions  and  remainders,  rents,  issues, 
and  profits  thereof.  To  have  and  to  hold  the  said  messuage, 
&c,  hereditaments  and  premises  hereby  granted,  or  men- 
tioned, or  intended  so  to  be,  with  the  appurtenances,  unto 
the  said  C.  D.  and  E.  F.  their  heirs  and  assigns,  to  the 
only  proper  use  and  behoof  of  the  said  C.  D.  and  E.  F. 
their  heirs  and  assigns,  for  ever.  Provided  always,  never- 
theless, that  if  the  said  A.  B.  his  heirs,  executors,  or  ad- 
ministrators, shall  and  do,  well  and  truly  pay,  or  cause  to  be 
paid,  unto  the  said  Bank,  the  aforesaid  promissory  note  for 
five  hundred  dollars,  on  the  day  and  time  herein  before 
mentioned,  and  appointed  for  payment  thereof,  and  all  notes 
given  in  renewal  thereof,  or  by  other  lawful  means,  save, 
keep  harmless,  and  indemnified,  the  said  C.  D.  and  £.  F.., 
their  heirs,  executors,  and  administrators,  from  the  payment 


MORTGAGES.  265 

of  the  said  note,  and  such  renewal  notes,  and  all  costs, 
damages,  or  charges,  as  sureties  aforesaid,  then  and  from 
thenceforth,  as  well  this  present  indenture  and  the  grant 
hereby  made,  as  the  said  recited  obligation,  shall  cease,  de- 
termine, and  become  absolutely  null  and  void,  any  thing 
herein  contained  to  the  contrary  notwithstanding. 
In  witness  whereof,  &c. 


[9]        For  continuing  a  Mortgage,  by  Indorsement. 

Whereas  the  within  named  C.  D.  and  E.  F.  have  ad- 
vanced and  loaned  unto  the  within  named  A.  B.  the  farther 
sum  of  five  hundred  dollars,  the  receipt  whereof  the  said 
A.  B.  does  hereby  acknowledge,  and  thereupon  the  said 
A.  B.  has  entered  into  one  bond  or  writing  obligatory, 
under  his  hand  and  seal,  bearing  even  date  with  these  pre- 
sents, to  the  said  C.  D.  and  E.  F.  in  the  penal  sum  of  one 
thousand  dollars,  with  condition  thereunder  written,  for  mak- 
ing the  same  void,  upon  payment  unto  the  said  C.  D.  and 
E.  F.  their  executors,  administrators,  or  assigns,  of  the  sum 
of  five  hundred  dollars,  with  interest  for  the  same,  after  the 
rate  of  ,  on  the  day  of  ,  as  in  and  by  the 

said  bond  or  writing  obligatory,  and  the  condition  thereof,  re- 
lation being  thereunto  had,  may  more  fully  appear. 

Now  know  ye,  that  as  well  for  the  better  securing  and 
more  sure  payment  unto  the  said  C,  D.  and  E.  F.  their 
executors,  administrators   and  assigns,  of   the  said  farther 
sum  of  five  hundred  dollars  and  interest,  on  the  said 
day  of  next  ensuing,  according  to  the  true  intent 

and  meaning  of  the  said  recited  bond  or  obligation,  he  the 
said  A.  B.  does  hereby  for  himself,  his  heirs,  executors, 
administrators,  and  assigns,  covenant,  promise,  and  agree, 
to  and  with  the  said  C.  D.  and  E.  F.  their  executors,  ad- 
ministrators, and  assigns,  that  the  messuages,  &.c,  and  all  and 
singular  other  the  premises,  with  the  appurtenances,  by  the 
within  written  indenture  of  demise  or  mortgage,  mentioned 
to  be  granted,  bargained,  sold  and  demised,  and  every  part 
and  parcel  thereof,  shall  stand  chargeable,  remain,  continue, 
and  be  a  security  unto  them  the  said  C.  D.  and  E.  F.  their 
executors,  administrators,  and  assigns,  as  well  for  the  pay- 
24 


266  ORGANIZATION. 

ment  of  the  sum  of  five  hundred  dollars  within  mentioned, 
and  the  interest  thereof,  as  also  for  the  payment  of  the  said 
farther  sum  of  five  hundred  dollars,  now  loaned,  and  advanced 
as  aforesaid,  and  the  interest  thereof;  and  that  the  said 
premises,  or  any  part  thereof  shall  not  be  redeemed  or 
redeemable,  either  in  law  or  equity  until  not  only  the  said 
sum  of  five  hundred  dollars,  before  loaned,  and  the  interest 
thereof,  but  also  the  said  sum  of  five  hundred  dollars,  now 
loaned,  and  the  interest  thereof  shall  be  paid  and  satisfied, 
utito  the  said  C.  D.  and  E.  F.  their  executors,  administra- 
tors, and  assigns,  according  to  the  true  intent  and  meaning 
of  these  presents. 

In   witness  whereof,  I  have  hereunto  set   my  hand  and 
affixed  my  seal,  this  day  of 

A.  B.     L.  s. 


ORGANIZATION. 

In  no  age  or  country  have  the  people  so  much  availed 
themselves  of  the  advantages  of  chartered  companies,  and 
voluntary  associations,  as  in  ours.  Yet  a  great  proportion 
of  the  benefits  that  should  be  derived  from  such  sources  is 
lost  through  defect  in  the  forms  of  association.  It  has  been 
thought  expedient  to  present  brief  forms  of  organization  — 
both  under  acts  of  incorporation,  and  for  voluntary  associa- 
tions —  to  serve  as  guides  to  those  who  cannot  conveniently 
avail  themselves  of  professional  aid,  in  providing  for  carrying 
into  effect  the  objects  of  the  company. 


Form  of  Organizing  under  an  act  of  Incorporation* 
Memorandum. 

On  this  first  day  of  March,  1832,  we,  A.,  B.,  and  C., 
named  in  the  act  or  charter  hereunder  recited,  and  to  whom, 
with  our  associates,  the  said  act  or  charter  is  granted,  hav- 
ing met,  do  appoint  D.,  E.,  F.,  G.,  H.,  and  I.,  to  be  our 

*  Note.  The  meeting  for  organization  should  be  upon  a  notice 
given  in  conformity  to  the  requisitions  of  the  charter,  which  notice 
should  be  recorded  by  the  clerk  at  the  first  meeting,  and  the  original  no- 
tice put  on  file. 


ORGAiMZATION.  267 

associates.  The  act  or  charter  is  as  follows,  [here  recite 
i/.]  And  we,  the  said  A.,  B.,  C.,  D.,  E  ,  F.,  G.,  H., 
and  I.,  do  declare  that  we  are  the  only  persons  interested  in 
said  act  or  charter,  and  that  we  do  accept  the  same  and  all 
the  provisions  thereof,  and  that  we  will  now  proceed  to  form 
and  organize  a  corporation  thereunder. 

A. 

B. 

C. 

D. 

E. 

F. 

G. 

H. 

I. 

And  thereupon  A.  was  appointed  chairman  of  the  meet- 
ing of  said  grantees  and  their  associates;  and  B.,  C.,  and 
D.,  were  appointed  a  committee  to  frame  and  report  a  code 
of  by-laws  for  the  government  of  the  corporation,  now  about 
to  be  organized.  And  the  said  B.,  C.,  and  D.  reported  a 
code  of  By-laws,  which  were  as  follows; 
[Here  recite  the  By-laws.] 

Which  By-laws,  after  discussion,  were  unanimously 
adopted.  And  thereupon  the  said  grantees  and  their  asso- 
ciates proceeded  to  the  choice  of  officers  of  the  corporation 
according  to  the  provisions  of  the  By-laws. 

And  A.  was  chosen  President  of  the  Corporation, 

D.  Clerk  "  " 

E.  Treasurer      "  " 
A.,  B.,  and  C.,  Directors        "  " 

[And  so  on  if  the  By-laws  require  other  officers.] 

In  testimony  of  the  truth  of  which  the  said  grantees  and 
their  associates  have  hereunto  subscribed  their  names  this  first 
day  of  March,  1832. 

A. 

B 

C. 

D. 

E. 

F. 

G. 

H. 

I. 


268  ORGANIZATION. 

The  foregoing  should  be  copied  into  the  first  part  of  the 
corporation's  record  book,  and  signed  by  all  interested  in 
the  charter  at  the  time  of  the  organization. 

If  the  charter  require  the  clerk  to  be  sworn,  he  should  be 
sworn  before  he  enters  on  the  duties  of  his  office,  and  his 
oath  should  be  certified  in  the  record  book,  as  follows; 

Commonwealth  of  Massachusetts. 

Suffolk,  ss.  On  this  first  day  of  March,  A.  D.  1832, 
personally  appeared  E.  of,  &.c,  who  was  this  day  chosen 
clerk  of  ,  and  made  solemn  oath  that  he  would  faith- 

fully, and  according  to  the  best  of  his  ability,  perform  the 
duties  of  clerk  of  during  the  term  for  which  he  was 

chosen  to  said  office. 

Before  me,  O.  P. 
Justice  of  the  Peace  for  said  County. 

For  manufacturing  or  joint  stock  corporations  the  By- 
laws will  in  general  be  sufficient,  if  they  provide  for  the 
following  subjects; 

1  The  number  of  shares  into  which  the  stock  shall  be  di- 
vided, and  the  amount  in  which  each  share  is  liable 
to  be  assessed. 

2.  The  annual  and  other  meetings.     The  mode  of  calling 

them,  and  the  business  which  shall  be  transacted  at 
them. 

3.  The  number  of  the  officers,  who  may  be  chosen,  officers 

who  may  vote,  and  how  many  votes  each  stock-holder 


may  give 
rights  i 


4.  The  rights  and  duties  of  the  President. 

5.  of  the  Directors. 

6.  of  the  Treasurer. 

7.  of  the  Clerk. 

8.  The  form  of  certificates  of  shares,  and  the  mode  in  which 

they  shall  be  issued,  recorded  and  transferred. 

9.  That  the  corporation  shall  have  a  common  seal,  and  how 

it  shall  be  selected,  changed,  &c. 
19.   How  dividends  shall  be  declared,  and 
1 1 .  How  the  By-laws  may  be  altered  or  changed. 


ORGANIZATION.  269 

Voluntary  associations  are  formed  for  a  great  variety  of 
purposes,  where  there  is  no  general  or  special  legislative  act 
giving  them  corporate  powers.  Among  them  are  Lyceums, 
and  associations  for  agricultural,  commercial,  manufactur- 
ing, mechanical,  charitable  and  other  purposes.  If  such 
associations  have  apparatus,  or  other  property  or  funds,  they 
should  be  held  by  Trustees,  who  should  take  and  hold  them 
on  condition  of  applying  them  to  their  destined  purposes, 
with  provisions  for  perpetuating  the  trust. 

For  these  purposes  the  forms  of  association  must  be  various, 
to  be  adapted  to  the  varying  objects  of  the  associates. 

The  following  may  serve  as  a  general  outline  for  the  organ- 
ization of  such  associations. 

Boston,  March  1,  1832. 

We,  who  have  subscribed  our  names  hereto,  do  volunta- 
rily become  associated,  and  form  an  association  by  the  name 
of  for  the  purpose  of  ,  and  we 

do  severally  agree  that  we  will  act  upon,  and  observe  and 
abide  by  the  following  rules  and  regulations,  so  long  as  we 
shall  respectively  continue  members  of  said  association. 
And  that  we  will  hereafter  admit  no  new  members,  but  on 
the  condition  that  they  shall  severally  assent  to  and  sub- 
scribe our  rules  and  regulations,  or  articles  of  association, 
which  as  at  present  adopted  are  as  follows: 

Article   first.     The  name  of  this    association   shall    be 

,  and  its  objects  are 

And  each  subscriber  hereto  engages  that  while  he  shall 
remain  a  member  of  the  association,  he  will  in  good  faith 
endeavour  to  promote  the  objects  thereof. 

Article  second.  Each  person,  on  being  admitted  a  mem- 
ber, shall  subscribe  his  name  to  these  articles,  and  pay  to 
the  treasurer  of  the  association,  the  sum  of  dollars, 

to  be  applied  and  disbursed  as  is  herein  provided  for  promot- 
ing the  objects  of  this  association. 

Article  third.  Each  of  the  associates,  so  long  as  he  shall 
continue  a  member,  shall  annually,  on  the  first  day  of  March, 
pay  to  the  treasurer,  the  sum  of  ,  to  be  applied  to 

the  purposes  of  the  association. 

Article  fourth.     The  officers  of  this  association  shall  be — 

three  trustees,  a  treasurer,  and  a  secretary,  who  shall  serve 

from  the  time  they  are  chosen  for  one  full  year,  and  until 

other  officers  shall  be  chosen  in  their  stead.     The  officers 

24* 


270  ORGANIZATION. 

may  be  chosen  annually:  but  they  shall  remain  in  office  till 
their  successors  are  chosen,  although  it  should  be  more  than 
a  year. 

Article  fifth.  The  trustees  shall  take  and  hold,  in  the 
name  of  themselves  and  their  successors,  all  the  apparatus 
and  property  belonging  to  the  association,  and  all  that  they 
may  acquire  by  donation,  assessment,  or  otherwise;  and 
they  shall  apply  and  devote  the  same  in  the  manner  they 
shall  deem  best  to  promote  the  objects  of  the  association. 
They  shall  appoint  places  for,  and  call  all  meetings  of  the 
association,  and  designate  their  purposes,  employ  and  ap- 
point lecturers  or  instructors.  And  they  shall  appoint, 
direct,  and  regulate,  all  the  opperations  of  the  association 
according  to  their  discretion.  And  for  all  these  purposes,  the 
association  delegate  to  their  said  trustees  full  powers. 

Article  sixth.  The  treasurer  shall  collect  all  assessments 
and  sums  due  to  the  association,  and  pay  out  and  apply  the 
same  according  to  the  order  of  the  trustees.  And  of  all  such 
receipts  and  payments,  he  shall  keep  plain  and  just  ac- 
counts. 

Article  seventh.  The  secretary  shall  make  and  keep 
plain  and  true  records  of  all  the  doings  of  the  association. 
And  it  shall  be  his  duty,  at  any  and  all  times,  on  the  request 
of  members,  to  appoint  and  notify  meetings  of  the 

association,  for  the  purpose  of  choosing  officers,  if  more 
than  a  year  shall  have  elapsed  since  the  last  choice  ;  or  for 
any  other  purpose  that  shall  be  designated  in  the  notice  of 
the  meeting. 

Article  eighth.  Any  person,  with  the  approbation  of  the 
majority  of  the  trustees,  may  join  this  association,  by  sub- 
scribing these  articles,  and  paying  to  the  treasurer  the  en- 
trance fee.  And  any  member  may  withdraw  from  the  asso- 
ciation, and  become  disconnected  with  it,  by  leaving  with 
the  secretary,  three  months  previous  to  the  time  of  with- 
drawing, a  written  notice  of  his  intention  so  to  do. 

Article  ninth.  The  officers  shall  be  chosen  in  the  man- 
ner that  the  association,  at  each  meeting  for  that  purpose, 
shall  designate.  And  all  meetings  shall  be  legal,  if  notified 
in  any  of  the  modes  by  law  provided  for  notifying  meetings 
of  any  legal  corporation,  or  in  any  other  mode  that  shall  be 
adopted  at  any  meeting  of  the  association. 

Article  tenth.     These  rules,  or  articles,  may  be  altered  or 


ORGANIZATION.  271 

changed  at  any  meeting  of  the  association  at  which  three- 
fourths  of  its  members  are  present,  and  at  no  other. 

And  on  this  first  day  of  March  1 832,  after  the  foregoing 
rules  were  read  and  approved,  those  then  assembled  pro- 
ceeded to  the  choice  of  officers,  and  chose  A.,  B.,  and  C., 
trustees;  D.,  treasurer,  and  E.,  secretary,  of  the  association 
for  the  first  year. 

In  testimony  of  all  which,  the  original  associates  have,  on 
the  day  aforesaid,  hereto  subscribed  their  names. 

A. 

B. 
C. 
D. 
E. 

F.,&c. 

We,  the  undersigned,  have  joined  the  said  association,  and 
agreed  to  its  rules,  after  its  original  organization. 

G. 
H. 
I,  &c. 

JVb/e.  —  The  foregoing  is  intended  to  suggest  the  sub- 
stance of  the  acts  to  be  done,  without  enumerating  the  par- 
ticulars, which  should  be  varied  as  the  particular  objects  of 
the  association  may  require. 

Primary  Meetings. 

Almost  every  thing  in  our  country  is  effected  by  associa- 
tion. At  primary  meetings  of  citizens  the  most  important 
measures  are  originated.  At  such  meetings  candidates  are 
nominated  to  office,  public  improvements  are  projected,  and 
public  evils  denounced.  —  Primary  meetings  make  the  first 
appeal  to  the  resistless  force  of  public  opinion.  Every  citi- 
zen should  be  acquainted  with  a  simple  and  correct  mode  of 
organizing  a  primary  meeting  of  citizens  for  any  lawful  pur- 
pose. 

As  a  guide  to  those  unacquainted  with  the  customary  forms 
of  proceeding,  the  following  outlines  may  be  useful. 

When  a  number  of  citizens  are  assembled  to  form  or  com- 
pare opinions  on  any  subject,  and  wish  to  preserve  a  record 


272  ORGANIZATION. 

of  their  proceedings,  or  to  act  as  an  organized  body,  they 
may  proceed  as  follows. 

Some  elder  or  influential  man,  usually  one  who  was  in- 
strumental in  calling  the  meeting,  should  rise  —  and  say 
'  The  hour  has  arrived  at  which  this  meeting  was  called  ;  is 
it  your  pleasure  that  we  now  come  to  order,  if  so  you  will 
please  to  manifest  it.'  —  If  the  motion  be  approved  he  will  de- 
clare it  to  be  a  vote  —  and  then  say — '  Please  to  nom- 
inate a  chairman  for  the  meeting.'  When  the  nomination  is 
made,  he  will  say  '  Is  it  your  pleasure  that  A.  B.'  (the  per- 
son nominated)  '  be  chairman  of  this  meeting,  if  so  you  will 
please  to  manifest  it.'  —  If  the  motion  is  sustained,  he  will 
declare  that  A.  B.  is  chosen  chairman  of  the  meeting.  The 
chairman  will  then  repair  to  the  seat  appropriated  for  him  — 
and  he  must  preside  over  the  meeting,  and  put  and  declare 
every  proposed  vote.  And  first  he  will  demand  if  it  be  the 
pleasure  of  the  meeting  to  appoint  a  secretary  to  record  their 
proceedings,  and  on  that  proposition  he  will  take  a  vote.  If 
they  determine  to  have  a  secretary  he  will  call  for  a  nomina- 
tion, and  declare  the  vote.  On  the  appointment  of  the  secreta- 
ry the  meeting  will  be  organized.  —  Some  person  acquainted 
with  the  objects  of  the  meeting  should  then  state  them  —  or 
if  that  be  not  readily  done,  the  chairman  should  request  that 
some  one  should  state  the  purposes  of  the  meeting  —  or  he 
should  himself  state  them.  —  This  being  done,  motions  may 
be  made,  subjects  discussed,  votes  taken,  and  the  meeting 
managed,  adjourned  or  dissolved,  in  the  same  manner  as  is 
customary  at  town  or  other  corporation  meetings.  A  record 
of  the  proceedings  should  be  kept  and  signed  by  the  secreta- 
ry. —  When  it  is  desired  to  make  the  proceedings  public 
they  should  be  signed  by  the  chairman  as  well  as  the  secretary. 
In  such  case  the  last  vote  before  the  adjournment  usually  is, 
that  the  proceedings  of  the  meeting  certified  by  the  chair- 
man and  secretary  be  published. 

JVb/e.  —  In  conducting  the  business  at  primary  meetings 
a  strict  adherence  to  forms  is  neither  usual  nor  useful..  —It 
will  generally  be  sufficient  for  any  person  at  the  meeting  to 
express  in  his  own  language  his  views  on  any  subject  for 
which  the  meeting  was  called.  But  when  a  subject  is  pro- 
posed for  discussion,  the  chairman  must  see  that  it  is 
regularly  disposed  of  before  a  new  subject  is  introduced. 
Should  any  question  or  debate  arise  on  the  mode  of  proceed- 


PARTITION.  273 

ing,  it  will   be  the  right  and  duty  of  the  chairman  to  give  a 
final  decision  in  the  case. 


PARTITION. 

[1]     By  Indenture,  where  Two  have  taken  a  joint  Lease. 

An  Indenture  made,  &c,  by  and  between  A.  B.,  of,  &c, 
of  the  one  part,  and  C.  D.,  of,  &c,  of  the  other  part. 
Whereas  the  said  A.  B.  and  C.  D.  hold  jointly  for  a  certain 
term  of  years,  yet  unexpired,  all  those  parcels  of  lands  and 
tenements  which  were  by  indenture  demised  and  leased  to 
them  by  Y.  Z  ,  of,  &c,  on  the  day  of,  ,  to 

hold  for  the  term  of  years,  for  a  certain  yearly  rent 

in  and  by  said  indenture  of  lease  reserved,  as  by  reference 
thereto  will  more  fully  appear.  Now  this  Indenture  wit- 
nesses, That  the  said  A.  B.  and  C.  D.  have  made  an 
equal  division  and  partition  of  all  the  said  demised  and  leased 
premises,  into  two  equal  parts,  to  the  end  that  each  of  them, 
the  said  A.  B.  and  C.  D.,  and  their  respective  legal  repre- 
sentatives, shall  hold  one  moiety  thereof  in  severalty,  for 
and  during  the  unexpired  part  of  the  term  in  the  said  inden- 
ture of  lease  mentioned.  And  the  parties  hereto,  for  them- 
selves and  their  respective  legal  representatives,  agree,  that 
during  said  unexpired  part  of  said  term,  the  said  A.  B.  and 
his  legal  representatives,  shall  have,  hold,  occupy,  and  enjoy 
in  severalty,  to  and  for  his  own  separate  use,  all  that  portion 
of  said  demised  premises,  which  is  described  and  bounded 
as  follows  :  —  \describe  A.  BSs  portion;]  and  that  the  said 
C.  D.  and  his  legal  representatives,  shall  have,  hold,  occupy, 
and  enjoy  in  severalty,  to  and  for  his  own  and  their  separate 
use,  during  said  unexpired  part  of  said  term,  all  that  portion 
of  said  demised  premises,  which  is  bounded  and  described  as 
follows:  —  [describe  C.  D  's  portion.]  To  have  and  to 
hold  the  said  several  parcels  to  the  said  parties,  and  their 
legal  representatives,  severally  and  respectively  as  aforesaid, 
from  the  day  of  the  date  hereof,  until  the  full  end  of  the 
term  in  said  indentures  of  lease  mentioned,  which  will,  &.c, 
on  the  day  of  ,  in  the  year  of  our  Lord 

And  the  parties  hereto  farther  covenant  and  agree  to  and 
with  each  other,  each  for  himself  and  his  legal  representa- 


274  PARTITION. 

lives,  that  he  will  at  all  times  punctually,  during  the  continu- 
ance in  force  of  said  indentures  of  lease,  pay  to  the  said  Y. 
Z.,  one  just  and  full  half  part  of  the  rent  reserved  and  pro- 
vided to  be  paid  in  and  by  ''aid  indentures  of  lease,  at  the 
times  the  rent  therein  shall  become  payable;  and  that  each  of 
them  the  said  A.  B.  and  C.  D.,  shall  save  the  other  and  his 
legal  representatives,  harmless  and  discharged  from  paying 
more  than  one  half  of  said  rent,  and  all  costs  and  charges  the 
same  concerning.  And  the  said  A.  B.,  as  aforesaid,  does 
covenant  with  the  said  C.  D.,  as  aforesaid,  that  he  will  save 
and  keep  him  harmless  and  indemnified  from  and  against  all 
damages,  costs,  or  prejudice,  that  may  happen  to  said  C.  D. 
and  his  legal  representatives,  for  or  by  reason  of  any  breach 
or  violation  to  be  made  by  said  A.  B.  or  his  le«ial  represen- 
tatives, of  the  covenants,  agreements,  or  conditions  in  said 
indenture  of  lease  contained,  and  for  any  thing  that  may  be 
done,  omitted,  or  permitted  by  said  A.  B.,  upon  or  in  re- 
spect of  the  part  of  said  demised  premises  hereby  assigned 
to  said  A.  B.  in  severally.  [Add  a  similar  covenant  from 
C.  D.  to  A.  B.] 

And  for.  the  true  observance  and  performance  of  all  and 
singular  the  foregoing  covenants,  agreements,  and  condi- 
tions, the  parties  respectively  bind  themselves  and  their  re- 
spective legal  representatives. 

In  testimony  whereof,  &c. 

The  following  covenants  may  be  inserted,  if  the  agree- 
ment require  them:  — 

1.    That  each  party  will  pay  the    Taxes  assessed  on  his 
moiety. 

—  And  also  that  each  of  the  said  parties,  his,  Sic,  shall  and 
will  during  the  said  unexpired  part  of  said  term,  satisfy    and 
pay  all  such  duties  and  taxes,  as  shall,  during  the  same  time, 
be  levied  and  assessed  upon  their  respective   parts  of  said 
premises,  as  are  herein  before  provided  to  be  allotted  and  di- 
vided to  them  respectively. 

2.    That  Repairs  shall  be  borne  equally. 

—  And  farther,  that  all  such  repairs,  as  shall,  in  pursuance 
of  the  provisions  of  said  indenture  of  lease,  be  found  neces- 


PARTITION.  275 

sarv  in  and  about  the  demised  premises,  to  be  made  or  done 
on  the  part  and  behalf  of  said  lessees,  during  said  residue  of 
said  term,  the  parties  hereto,  notwithstanding  the  partition 
herein  provided  to  be  made,  shall  equally  divide  between 
them,  and  be  at  equal  charges  in  respect  of  making  all  such 
repairs. 


[2]         Between  three  joint  Tenants  —  by  Indenture. 

An  Indenture  of  three  parts  made,  Stc,  between  A.  B., 
of,  &c,  of  the  first  part,  C.  D.,  of,  &c,  of  the  second  part, 
and  E.  F. ,  of,  &c,  of  the  third  part. 

Whereas  M.  N.,  of,  &c,  and  O.  P.,  of,  &c,  by  an  In- 
denture under  their  hands  and  seals,  dated  ,  for 
the  considerations  therein  contained,  did  give,  grant,  &c, 
unto  the  said  A.  13.,  C.  D.,  and  E.  F.,  and  their  heirs  and 
assigns,  all  those  estates,  with  their  appurtenances,  situated 
in  ,  described  and  bounded  as  follows,  to  wit, 

To  have  and  to  hold  the  same  to  the  said  A.  B.,  C.  D., 
and  E.  F.,  and  their  heirs  and  assigns,  to  their  use  and  be- 
hoof forever,  as  by  the  said  indenture  herein  referred  to 
more  fully  appears:  by  virtue  of  which  said  grant  or  con- 
veyance, the  said  A.  B.,  C.  D.,  and  E.  F.,  are  now  jointly 
seized  and  possessed,  in  their  demesne  as  of  fee,  of  and  in 
the  said  estates. 

Now  this  Indenture  witnesses,  That  the  said  A.  B.,  C. 
D.,  and  E.  F.,  do  by  these  presents  make  a  full,  perfect, 
and  absolute  partition  between  and  among  themselves,  of  the 
said  estates,  in  three  equal  parts,  to  be  divided,  in  manner 
and  form  following;  that  is  to  say,  that  the  said  A.  B.,  his 
heirs  and  assigns,  shall  have  and  enjoy  to  their  sole  use  and 
behoof  forever,  one  full  third  part  in  value  of  said  estates, 
which  said  third  part  is  described  and  bounded  as  follows,  to 
wit,  ,  as  and  for  the  full  and  just  purparty  and  por- 

tion, of  him  the  said  A.  B.,  of,  in,  and  to  all  the  estates 
herein  before  described  as  granted  to  the  said  A.  B.,  C.  D., 
and  E.  F.  And  that  the  said  C.  D.,  his  heirs  and  assigns, 
shall  have  and  enjoy,  to  their  sole  use  and  behoof  forever, 
one  other  full  third  part  in  value  of  said  estates,  which  said 
third  part  is  bounded  and  described  as  follows,  to  wit, 
,  as  and  for  the  full  and  just  purparty  and  portion, 


276  PARTITION. 

of  him  the  said  C.  D.,  of,  in,  and  to  all  the  estates  herein 
before  described  as  granted  to  the  said  A.  B.,  C.  D.,  and 
E.  F.  And  that  the  said  E.  F.,  his  heirs  and  assigns,  shall 
have  and  enjoy,  to  their  sole  use  and  benefit  forever,  one 
other  full  third  part  in  value  of  said  estates,  which  said  third 
part  is  bounded  and  described  as  follows,  to  wit,  , 

as  and  for  the  full  and  just  purparty,  or  portion,  of  him  the 
said  E.  F.,  of,  in,  and  to  all  the  estates  herein  before  de- 
scribed as  granted  to  the  said  A.  B.,  C.  D.,  and  E.  F. 
*And  the  said  C.  D.  and  E.  F.  do  by  these  presents  give, 
grant,  assign,  confirm,  and  release,  to  the  said  A.  B.,  his 
heirs  and  assigns,  the  said  third  part  of  said  estates,  herein 
before  described  and  designated  as  his  purparty  thereof,  and 
all  the  estate,  right,  title,  and  interest,  which  the  said  C.  D. 
and  E.  F.,  or  either  of  them,  have  therein.  To  have  and 
to  hold  the  same  to  the  said  A.  B.,  his  heirs  and  assigns,  to 
his  and  their  use  and  behoof  forever.  [Add  ike  same  from 
this  mark,  *from  A.  B.  and  E.  F.  to  C.  D.,  with  regard  to 
his  purparty,  and  from  A.  B.  and  C.  D.  to  E.  F.,  with  re- 
gard to  his  purparty.] 

[And,  if  so  agreed,  add  to  each  one  for  his  part,  from  the 
two  others,  the  usual  covenants  for  quiet  enjoyment.] 

In  testimony  whereof,  &c. 


[3]  Between  tenants  in  common  fee. 

An   Indenture   of  two  parts,   made   and   concluded  this 
,  by  and  between  A.  B.,  of,  &c,  of  the  one  part, 
and  C.  D.,  of,  &c,of  the  other  part. 

Whereas  the  said  A.  B.  and  C.  D.  are  seized  of,  and 
hold  in  fee  as  tenants  in  common,  a  tract  or  parcel  of  land, 
with  the  dwelling-house,  barns,  and  outhouses  thereon,  situ- 
ated in  ,  bounded  and  described  as  follows,  to  wit, 
And  the  said  A.  B.  and  C.  D.  have  mutually  agreed  to  make 
division  and  partition  of  the  said  land  and  estates,  between 
them,  and  to  hold  their  respective  moieties  thereof  in  sever- 
ally: Now  this  indenture  witnesses,  that  the  said  A.  B.  and 

*  Hero  add,  or  in  the  portion  of  C.  D.  in  the  like  place  add,  If 
the  case  be  so,  he  having  paid  the  said  A.  B.,  or  the  said  C.  D.,  the 
sum  of  ,  to  balance  the  agreed  inequality  of  partition  or 

division. 


PARTITION.  277 

C.  D.  do,  by  these  presents,  make  a  full,  perfect,  and  abso- 
lute partition  and  division  of  the  said  land  and  estate,  be- 
tween and  among  them,  to  be  divided  between  them,  the 
said  A.  B.  and  C.  D.,  in  two  equal  parts,  in  the  manner  and 
form  following,  to  wit,  .  That  the  said  A.  B.,  his 

heirs  and  assigns,  shall  have,  hold,  and  enjoy,  to  his  and  their 
sole  use  and  behoof  forever,  as  and  for  his  moiety  of  said  land 
and  estate,  that  part  thereof  which  is  bounded  and  described 
as  follows,  to  wit,  [here  describe  the  portion  of  A.  B.*] 
And  the  said  C.  D.,  his  heirs,  and  assigns,  shall  have,  hold, 
and  enjoy,  to  his  and  their  sole  use  and  behoof  forever,  as  and 
for  his  moiety  of  said  land  and  estate,  that  part  thereof  which 
is  bounded  and  described  as  follows,  to  wit,  [here  describe  the 
portion  of  C.  D.]  And  the  said  C.  D.,  in  consideration  of 
the  premises,  and  of  one  dollar  to  him  paid  by  the  said  A. 
B.,  the  receipt  whereof  is  hereby  acknowledged,  does  hereby 
give,  grant,  assign,  release,  and  confirm,  to  him  the  said 
A.  B.,  his  heirs  and  assigns,  the  said  moiety  of  said  estates 
so  assigned  to  the  said  A.  B.,  and  all  his,  the  said  C.  D.'s 
right,  title,  and  interest  in  and  thereto.  To  have  and  to 
hold  the  same  to  him  the  said  A.  B.,  his  heirs  and  assigns, 
to  his  and  their  use  and  behoof  forever.  And  the  said  A. 
B.,  in  consideration  of  the  premises  and  of  one  dollar  to  him 
paid  by  the  said  C.  D.,  the  receipt  whereof  is  hereby  acknow- 
ledged, does  hereby  give,  grant,  assign,  release,  and  con- 
firm, to  him  the  said  C.  D.,  his  heirs  and  assigns,  the  said 
moiety  of  said  estates,  so  assigned  to  the  said  C.  D.  and  all 
his  the  said  A.  B.'s  right,  title,  and  interest,  in  and  thereto. 
To  have  and  to  hold  the  same  to  him  the  said  C.  D.,  his 
heirs  and  assigns,  to  his  and  their  use  and  behoof  forever. 
And  the  said  C.  D.,  for  himself  and  his  executors  and  ad- 
ministrators, does  covenant  with  the  said  A.  B.,  his  heirs  and 
assigns,  that  he  and  they  shall  and  may  forever  hereafter 
have,  hold,  occupy,  possess,  and  enjoy  the  said  moiety 
hereby  assigned  to  the  said  A.  B.,  free  and  discharged  of 
and  from  all  claims  and  demands  thereto,  to  be  made  by  the 
said  C."D.,  or  his  heirs  or  assigns,  and  all  persons  claiming 
under  him  and  them.  [Jldd  the  like  covenant  from  A.  B.  to 
C.  D.]  In  testimony  whereof,  <fcc. 

*  See  note  on  preceding  page. 
25 


278  PATENTS. 


PATENTS. 

In  the  United  States  Letters  Patent  can  be  obtained  only 
by  the  Inventor  himself,  or  by  his  legal  representatives  in  case 
of  his  death. 

Citizens,  and  aliens  who  have  resided  in  the  United  States 
for  two  years  may  obtain  Letters  Patent  for  their  inventions, 
which  will  entitle  them  respectively,  and  their  executors,  ad- 
ministrators and  assigns,  to  Fourteen  Years  exclusive  use  of 
their  Inventions. 

A  Patentee  may  convey  to  the  others  the  whole  or  a  part 
of  his  Invention,  for  the  whole  or  any  portion  of  his  term, 
and  for  the  whole  or  any  part  of  the  country.  Such  convey- 
ance must  be  by  deed,  of  which  a  form  is  given  in  this  book. 
(See  Deed,  JVb.  12).  Such  deed  must  be  recorded  in  the 
Patent  office  at  Washington. 

Preparatory  to  obtaining  Letters  Patent  the  Inventor  must 
prepare  and  send  to  the  Patent  office  —  a  Petition  to  the 
Secretary  of  the  United  States,  a  specification  of  his  in- 
vention, an  oath  that  he  is  the  true  inventor,  which  may  be 
taken  before  any  qualified  Justice  of  the  Peace  —  and  there 
must  be  certificates  that  the  Inventor  is  a  citizen,  or  an  alien 
who  has  resided  here  two  years.  He  must  also  send  two 
perfect  drawings  of  his  invention,  if  it  be  susceptible  of  draw- 
ing, one  to  be  annexed  to  the  Letters  Patent,  and  the  other  to 
be  retained  in  the  office.  Models  or  specimens  may  also  be 
required  or  not,  at  the  pleasure  of  the  Secretary  of  State. 

Petition  for  a  Patent. 


To  the  Hon.  Edward  Livingston  Secretary  of  State  of  the 
United  States  of  America. 


The  Petition  of  A.  B.  of  Boston  in  the  county  of  Suffolk 
and  State  of  Massachusetts,  Gentleman,  a  citizen  of  the 
United  States  (or  an  alien  having  resided  within  the  United 
Stales  more  than  two  years)  respectfully  shows: 

That  he  the  said  A.  B.  has  invented,  constructed,  made  and 


PATENTS.  279 

applied  to  use  a  new  and  useful  improvement  in  the  mode  of 
(here  describe  the  Invention)  called  the  of  which  a 

plain  and  true  specification  is  hereto  annexed. 

Your  petitioner  is  desirous  of  obtaining  an  exclusive  pro- 
perty and  interest  in  his  said  Invention,  according  to  the  pro- 
visions of  law,  and  therefore  he  prays  that  Letters  Patent, 
duly  executed,  may  be  granted  him  therefor. 
And  as  in  duty  bound  will  ever  pray 

Your  obedient  and  humble  servant 

A.  B. 
Boston,  March  1,  1832. 

Specification, 

To  all  persons  to  whom  these  presents  shall  come.  A.  B. 
of  in  the  county  of  and  state  of  gentleman 

,  sends  greeting: 

Be  it  known,  that  I,  the  said  A.  B.  have  invented,  con- 
structed, made  and  applied  to  use  a  new  and  useful  Improve- 
ment in  the  [here  describe  the  Invention]  called  the  [here  in- 
sert the  name  the  Inventor  gives  his  invention.]  And  my 
said  Invention  or  improvement  is  by  me  plainly  and  fully  speci- 
fied in  the  words  and  figures  following,  to  wit.  [Here  par- 
ticularly describe  the  invention  or  machine,  carefully  statins 
what  the.  inventor  claims  and  what  he  does  not  claim  as  his 
Invention.] 

In  testimony  that  the  above  is  a  true  specification  of  my 
said  Invention  or  Improvement,  I  have  hereunto  set  m  y 
hand  and  seal  this  day  of  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  thirty-two. 

In  presence  of 

A.  B.     L.  s. 
W.  X.  ) 
Y.  Z. 


State  of  Massachusetts. 

Suffolk  ss.     On  this  day  of  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and  thirty-two,  be- 
fore me  O.  P.  one  of  the  Justices  of  the  Peace  for  said 
county,  came  the  above  named  A.  B.  and  made  solemn  oath, 
that  he  verily  believes  himself  to  be  the  true  Inventor  or  Dis- 


280  PATENTS. 

coverer  of  his  Invention  or  improvement  above  described. 
[If  an  alien  —  add  —  and  that  the  same  has  not,  to  the  best 
of  his  knowledge  and  belief,  been  before  known  or  used  in 
any  foreign  country,  and  that  he  has  resided  for  more  than 
two  years  last  past  in  the  United  States  of  America.]  Suf- 
ficient evidence  was  produced  before  me  to  prove  that  the 
said  A.  B.  is  a  citizen  of  the  United  States  of  America  [or 
that  said  Jl.  B.  is  an  alien,  and  has  resided  for  more  than 
two  years  last  past  in  the  United  Slates  of  America.] 
Before  me, 

O.  P.  Justice  of  the  Peace. 

The  petitioner  must  send  with  his  documents  to  the 
Secretary  of  State  $30,  the  fee  provided  by  statute  for  grant- 
ing the  Letters  Patent. 

If  the  Inventor  claims  too  much,  or  not  enough,  or  fails 
to  set  forth  his  invention  in  clear  and  apt  terms,  it  will  be  fa- 
tal to  his  Patent. 

Most  Patents,  if  they  would  otherwise  be  of  value,  are 
rendered  useless,  by  the  inaccurate  and  defective  manner  in 
which  the  specifications  are  drawn. 

None  should  be  employed  to  draw  specifications,  but  those 
who  are  well  acquainted  both  with  the  law  and  with  machinery. 


PETITIONS. 

[1]  Of  a  Feme  Covert  for  license  to  sell  Real  Estate,  to 
which  she  is  entitled  in  her  oion  right,  her  husband  being 
absent. 

To  the  honourable  Justices  of  the  Court  next  to  be 

holden  at  ,  within  and  for  the  county  of  ,  on  the 

first  Tuesday  of  ,  A.  D.  1832. 

The  petition  of  A.  B.,  wife  of  C.  B.,  of,  &c,  humbly 
shows,  that  this  petitioner  was  on  the  day  of  , 

lawfully  married  to  the  said  C.  B.;  that  the  said  C.  B.,  on 
or  about  ,  departed  from  this  State,  to  which  he  has 

never  since  returned,  and  he  has  wholly  forsaken  and  aban- 
doned this  petitioner,  without  making  any  provision  for  her 
maintenance  and  support,  and  that  she  is  reduced  to  want 
and  distress  ;  that  this  petitioner  is  possessed,  in  her  own 
right,  of  a  piece  of  land,  situated  in  ,  described  and 


PETITIONS.  281 

bounded  as  follows,  to  wit,  &c  ;  but  by  reason  of  her  condi- 
tion aforesaid,  she  has  no  legal  power  to  dispose  of  and  sell 
the  same.  Wherefore  she  prays  this  honourable  court  to 
pass  a  decree  to  authorize  and  empower  her  to  sell  and  con- 
vey the  said  real  estate,  according  to  law  in  such  case  pro- 
vided, to  the  intent  that  the  proceeds  of  such  sale  may  be 
applied  to  her  reasonable  support.  And  as  in  duty  bound, 
will  ever  pray. 

A.  B. 


[2]       By  an  Administrator  for  leave  to  sell  Real  Estate. 

To  the  honourable  Justices  of  the  Court,  next  to 

be  holden  at  ,  on  the  day  of  ,  in 

the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
two. 

Humbly  shows,  A.  B.,  of,  &.c,  administrator  of  the  goods 
and  estate  which  were  of  O.  P.,  late  of,  &c,  deceased,  in- 
testate —  that  the  debts  due  from  said  deceased  exceed  the 
net  value  of  all  the  personal  estate  whereof  the  said  O.  P. 
died  seized  and  possessed,  by  the  sum  of  ,  as  ap- 

pears by  the  certificate  of  the  Probate  Court  hereto  annex- 
ed. Wherefore  this  petitioner  prays  this  honourable  Court, 
by  a  suitable  decree,  to  authorize,  license,  and  empower  him 
to  sell  so  much  of  the  real  estate  which  was  of  the  said  O. 
P.  at  the  time  of  his  decease,  as  shall  avail  and  produce  the 
said  sum  of  ,  with  the  charges  of  sale  and  all  inci- 

dental charges.     And  as  in  duty  bound  will  ever  pray. 

A.  B., 
Administrator  of  the  Goods  and  Estate  of  O.  P. 

Note. —  Such  petition  should  be  accompanied  by  a  cer- 
tificate from  the  Probate,  or  other  Court,  having  the  juris- 
diction of  administrations,  stating  the  amount  of  the  de- 
ceased's debts,  the  net  value  of  his  personal  effects,  the 
amount  of  the  deficiency,  and  the  opinion  of  the  judge  of 
such  court,  that  such  sale  is  necessary. 
25* 


282 


[3]      By  a   Guardian  for  the    Sale  of  the    Ward's  real 
estate. 

To  the  honourable,  &c,  [as  before.]  A.  B.,  of,  &c, 
guardian  of  O.  P.,  a  minor  under  the  age  of  twenty -one 
years,  and  son  of  N.  P.,  late  of,  &c,  deceased,  respectfully 
represents,  That  the  said  O.  P.  is  seized  in  fee  simple,  in 
common  with  M.  P.,  of  one  undivided  moiety,  or  half  part 
of  a  house  and  parcel  of  land,  situated  in  ,  and 

bounded  and  described  as  follows,  to  wit,  ;  that 

the  said  house  is  out  of  repair,  and  in  an  unsuitable  state  to 
produce  an  income,  and  the  said  M.  P.  is  about  to  sell  his 
moiety  of  said  estate  ;  and  that  it  would  be  for  the  benefit 
and  advantage  of  said  minor,  that  his  interest  in  said  estate 
should  be  sold,  and  the  proceeds  of  the  sale  thereof  invested 
in  some  suitable  manner  for  his  account. 

This  petitioner  therefore  prays  the  honourable  court  afore- 
said, to  pass  a  decree  authorizing  and  empowering  some 
suitable  person  to  sell  the  said  minor's  moiety  of  said  estate, 
and  to  make  and  execute  deeds  to  convey  the  same,  and  to 
invest  the  proceeds  of  such  sale  for  the  use  of  said  minor,  in 
such  a  manner,  and  on  such  terms,  as  said  court  shall  deem 
proper,  and  according  to  the  laws  in  such  case  provided.  — 
And  as,  &c. 


[4]  For  Partition. 

To  the  honourable,  &c,  [as  before.]  The  petition  of 
A.  B.,  of,  &c,  humbly  shows,  That  he  is  interested  in,  and 
holds  in  common  and  undivided  with  W.  X.  and  Y.  Z., 
[or  with  persons  to  this  petitioner  unknown,  if  the  case  be 
so,]  one  undivided  third  part  of  a  parcel  of  land  and  estate, 
situated  in  ,  described  and  bounded  as  follows,  tc  ]v 

wit,  .     And  that  he  is  desirous  of  holding  his  pro- 

portion of  or  interest  in  said  estate  in  severally.  Wherefore 
he  prays  your  honours  to  order  and  cause  partition  to  be 
made  of  the  said  estate,  and  that  his  proportion  thereof  may 
be  by  him  held  in  severally,  according  to  the  law  in  such 
case  provided.  And  as  in  duty  bound  will  every  pray. 

A.  B. 


283 


[5]  To  a  Legislature. 

To  the  Honourable  Senate  and  House  of  Representa- 
tives, in  Congress  assembled,  [or,  if  it  be  to  a  Slate  legis- 
lature, address  them  by  their  constitutional  or  legal  title.] 
The  petition  of  A.  B.,  C.  D.,  Stc,  [or  of  the  subscribers,] 
humbly  shows,  That,  &c,  [here  state  in  plain  and  common 
terms  the  facts  on  which  the  petition  is  founded,  and  the  re- 
lief or  grant  prayed  for.]  And  as  in  duty  bound  will  ever 
pray.  A .  B.,  &c. 

Boston,  March  I,  1832. 


PROBATE. 

Proceedings  in  cases  of  wills  and  administrations  are  so 
various  in  the  different  states,  that  lew  rules  or  forms  can  be 
given  with  advantage  in  a  book  intended  for  extensive  use  — 
a  few  leading  rules,  applicable  in  many  of  the  States,  are 
presented.  . 

In  general  the  widow,  and  if  there  be  none,  the  next  of 
kin  to  the  deceased,  who  is  capable  of  administering,  is  en- 
titled to  administration,  and  if  they  refuse  or  delay,  a  creditor 
is  entitled  to  administer. 

In  case  of  a  will,  the  executor  named  therein  must  pre- 
sent the  will  at  .the  Probate  office,  and  accept  or  decline  the 
trust,  in  a  reasonable  time  after  he  knows  of  the  decease  of 
the  testator  and  his  appointment,  which  is  usually  provided 
by  Statute.  In  Massachusetts  the  time  is  thirty  days. 
And  if  he  neglect  this  he  will  incur  a  penalty.  —  If  the  ex- 
ecutor accepts  the  trust,  the  Judge  of  Probate  will  order 
public  notice  to  be  given,  and  appoint  a  time  for  all  persons 
interested  to  appear  and  object  to  the  probate  of  the  will. 

After  allowing  a  will,  or  granting  administration,  letters 
of  administration  are  issued  by  the  judge,  which  generally 
will  point  out  the  duties  of  the  executor  or  administrator. 
The  executor  or  administrator  must  give  a  bond  with  two 
good  sureties,  in  a  sum  to  be  named  by  the  judge,  which  is 
generally  double  the  supposed  amount  of  property  to  be  ad- 
ministered, conditioned  for  the  faithful  performance  of  the 
trust.  The  executor  or  administrator  should  carefully  ex- 


284  PROBATE. 

amine  and  obey  the  requisitions  of  the  letter  of  administra- 
tion, and  of  the  laws  of  his  state,  lest  his  bond  should  be  for- 
feited, and  he  subjected  to  penalties. 

It  is  commonly  provided  that  recording  notices  of  appoint- 
ment, the  returning  of  Inventories,  notices  and  affidavits  of  sale, 
&c  —  shall  forever  after  be  conclusive  evidence  of  the  facts 
thus  recorded.  Executors  and  administrators  should  be  very 
careful  seasonably  t6  return  to  the  Probate  office  all  such 
affidavits  and  notices  with  the  evidence  of  their  service  — 
and  have  them  recorded  there:  —  otherwise,  at  some  distant 
day,  although  he  had  faithfully  obeyed  the  requisitions  of 
law,  the  evidence  of  it  might  be  lost,  and  he  would  be  in 
danger  of  incurring  penalties  on  his  bond. 

A  will  often  gives  authority  to  sell  estates  real '  and  per- 
sonal. In  such  cases  the  executor  may  sell  without  any 
other  authority.  But  where  no  such  authority  is  given  in  the 
will  —  and  in  cases  of  administration,  no  sale  can  be  made 
without  obtaining  the  order  of  the  Judge  of  Probate,  or  of 
some  court  authorized  by  statute  to  grant  such  leave  to  sell, 

The  widow  of  an  intestate,  or  of  a  testator,  when  she 
waives  the  provisions  of  the«will,  is  entitled  to  an  allowance 
out  of  the  deceased's  effects,  such  as  the  judge  in  his  dis- 
cretion may  grant,  in  addition  to  her  allowance  otherwise 
provided  by  statute.  When  she  desires  such  allowance,  she 
must  petition  the  jndge  therefor.  — And  generally  whatever 
is  done  in  Probate  Court,  should  be  done  on  memorial  or 
petition.  The  forms  of  such  petitions  are  either  prescribed  by 
statute,  or  by  each  judge  for  his  own  court.**  Such  forms  are 
therefore  so  various  that  it  appears  inexpedient  to  state  any 
of  them  here.  It  will  generalise  sufficient,  if  the  thing 
petitioned  for  be  sensibly  and  plainly  stated  in  the  petition,  in 
any  language  suitable  therefor. 

Administration  must  be  taken  in  the  county  where  the  de- 
ceased had  his  last  habitation. 


PROMISSORY    NOTES.  285 

PROMISSORY  NOTES. 

07i  Time. 

$1000.  Boston,  March  1,  1832.  For  value  received  I 
promise  O.  P.,  to  pay  him,  or  his  order,  one  thousand  dol- 
lars, in  three  months  from  date.  A.  B. 

O?i  Demand,  with  interest. 

$100.  Boston,  March  1,  1832.  For  value  received  I 
promise  O.  P.,  to  pay  him,  or  his  order,  one  hundred  dol- 
lars on  demand,  with  interest.  A.  B. 

Oty  Time,  n'ith  interest. 


On  Time,  \ 
i,  March  1, 


$500.,  Boston,  March  1,  1832.  For  value  received  I 
promise  O.  P.,  to  pay  him,  or  his  order,  five  hundred  dol- 
lars, in  sixty  days  with  interest.  A.  B. 

Payable  by  Instalments.,  with  periodical  Interest. 

$2000.  Boston,  March  1,  1832.  For  value  received 
I  promise  Y.  and  Z.,  to  pay  them,  or  their  order,  two  thous- 
and dollars  in  the  following  manner,  to  wit:  —  Five  hun- 
dred dollars  in  one  year;  five  bundled  dollars  in  two  years  ; 
five  hundred  dollars  in  three  years;  and  live  hundred  dol- 
lars in  four  years  from  the  date  hereof,  with  interest  on  all 
said  sums,  payable  semi-annually.  A.  B. 


ma 


led  Note. 

$5000.  Baltimore,  March  1,  1832.  For  value  received 
1  promise  O.  and  P.,  to  pay  them,  or  their  order,  five  thous- 
and dollars  in  three  years  from  the  date  hereof,  with  inter- 
est on  said  sum,  payable  semi-annually.  And  in  case  of  de- 
fault of  my  payment  of  the  interest  or  principal  aforesaid  with 
punctuality,  I  hereby  empower  any  attorney  at  law,  to  be 
appointed  by  said  O.  and  P.,  to  appear  in  any  court,  in 
which  said  O.  and  P.  may  commence  or  prosecute  a  suit 
against  me  on  said  note,  and  to  confess  judgment  for  all  and 
every  part  of  the  interest  or  principal  on  said  note,  in  the 


286  .    PROMISSORY    NOTES. 

payment  of  which  I  may  be  delinquent.     Witness  my  hand 
and  seal,  this  first  day  of  March,  A.  D.  1832. 

A.  B.     L.  s. 
Attest,  C.  D. 

JVbfe.  —  If,  when  a  note  of  hand  is  given,  it  is  not  ex- 
pected that  it  will  soon  be  paid,  it  is  expedient  that  it  should 
be  attested  by  a  witness.  For,  in  general,  the  statutes  of 
limitation  of  the  several  States,  limit  the  right  to  sue  for  and 
recover  simple  contract  debts,  to  suits  commenced  within 
six  years  after  they  are  respectively  due  —  but  except  wit- 
nessed notes  of  hand  from  the  operation  of  the  statutes. 
Notes  of  hand,  with  seals,  as  in  the  last  form,  are  not  usu- 
ally within  statutes  of  limitation,  but  will  bind  the  maker  to 
answer  to  any  suit  thereon  which  shall  be  commenced  within 
twenty  years,  and  sometimes  longer,  from  the  time  the  note 
becomes  payable. 


RECEIPT. 

[  1  ]  A  general  Form . 

$500.  Natchez,  May  1 ,  1832.  Received  of  O.  P.,  the 
sum  of  five  hundred  Collars,  in  full  of  all  demands  against 
him.  A.  B. 


[2]  For  a  quarter's  Rent. 

$130.     New  York,  April  30,  1832.     Received  of  O.  P. 
one  hundred  and  filly  dollars,  being  one  quarter's  rent,  due 
this  day,  for  my  dwelling  house  and  estate,  No. 
street,  now  occupied  by  said  O.  P.  A.  B. 


[3]  For  Money  paid  by  another  Person. 

8300.     Charleston,  March  1,  1832.      Received  of  O. 
P.,  by  the  hand  of  Y.   Z.,  three  hundred  dollars,  in  full 


RECEIPT.  287 

payment  for  a  chaise  by  me  sold  and  delivered  to  the  said 
O.  P.  A.  B. 


[4]  For  Money  received  for  Another. 

$700.  Boston,  May  1 ,  1 832.  Received  of  O.  P. ,  seven 
hundred  dollars,  it  being  for  the  balance  of  account  due  from 
said  O.  P.  to  Y.  Z.  A.  B. 


[5]  In  part  of  a  Bond. 

$3000.     New  York,  May  1,  1832.     Received  of  O.  P., 
the  sum  of  three  thousand  dollars,  being  a  part  of  the  sum 
of  five  thousand  dollars  due  from  said  O.  P.  to  me,  on  the 
day  of  .  A.  B. 


[6]  For  Interest  due  on  a  Bond. 

$600.  Louisville,  May  1,  1832.  Received  of  O.  P., 
six  hundred  dollars,  due  this  day  from  him  to  me  as  the  an- 
nual interest  on  a  bond,  given  by  said  O.  P.  to  me  on  the 
1st  of  May  1831,  for  the  payment  to  me  of  ten  thousand 
dollars  in  three  years,  with  interest  annually.  A.  B. 


[7]  On  Account. 

$50.  Boston,  May  1,  1832.  Received  of  O.  P.,  fifty 
dollars,  for  which  I  promise  to  account  to  him  on  a  settle- 
ment between  us.  A.  B. 


[8]  Of  Papers. 

New  York,  May  1,  1832.     Received  of  O.  P.  several 
contracts   and  papers,  which  are  described  as  follows  :  — 


288  RELEASE. 

[describe  the  papers,]  which  I  promise  to  return  to  the  said 
O.  P.  on  demand.  A.  B. 


RELEASE. 

[1]  A  General  Form  from  one  to  another. 

Know  all  Men  by  these  presents,  that  I,  A.  B.  of,  <fcc, 
for  and  in  consideration  of  the  sum  of  to  me  paid 

by  C.  D.  of,  &c,  the  receipt  whereof  I  do  hereby  acknow- 
ledge, have  remised,  released,  and  forever  discharged,  and 
I  do  hereby,  for  myself,  my  heirs,  executors,  administrators, 
and  assigns,  remise,  release  and  forever  discharge  the  said 
C.  D.  his  heirs,  executors  and  administrators,  of  and  from 
all  debts,  demands,  actions  and  causes  of  action,  which  I 
now  have,  in  law  or  equity,  or  which  may  result  from  the 
existing  state  of  things  from  any  and  all  contracts,  liabilities, 
doings  and  omissions,  from  the  beginning  of  the  world  to 
this  day. 

In  testimony  whereof,  &c. 


[2]  Mutual,  by  Indenture. 

This  Indenture,  made  this  day  of  between 

A.  B.  of,  &c,  of  the  one  part,  and  C.  D.  of,  «fcc,  of  the 
other  part,  witnesses,  That  on  the  day  of  the  date  hereof, 
the  said  A.  B.  and  C.  D.  have  each  paid  to  the  other  the 
sum  of  five  dollars  :  and  each  of  them  has  cancelled  and  de- 
livered up  to  the  other  certain  covenants,  bonds,  notes  of 
hand,  and  written  contracts,  upon  which  each  of  the  parties 
claimed  and  pretended  to  have  divers  claims  and  demands 
on  the  other  ;  the  said  claims  and  contracts  so  cancelled  and 
delivered  up,  being  supposed  and  intended  to  be  all  the 
claims  and  evidence  of  claim  by  each  of  the  parties  hereto 
on  the  other.  And  in  consideration  thereof,  each  of  them, 
the  said  A.  B.  and  C.  D.  does  hereby,  for  himself  and  his 
legal  representatives,  release,  and  absolutely  and  for  ever 
discharge  the  other,  of  and  from  all  claims  and  demands, 
actions,  causes  of  action,  of  every  name  and  nature,  so  that 
neither  of  them  shall  have  any  claim  on  the  other,  directly 


RELEASE.  289 

or  indirectly,  on  any  contract,  or  supposed  liability,  or  thing 
undertaken,  done,  or  omitted  to  be  done,  from  the  beginning 
of  the  world  to  this  day. 
In  testimony  whereof,  &c. 


[3]          Of  claims  under  or  upon  a  particular  contract. 

Know  all  Men,  by  these  presents,  that  I,  A.  B.  of,   <fec, 
in  consideration  of  dollars,  to  me  paid  by  C.  D.   of, 

<fcc,  the  receipt  whereof  I  do  hereby  acknowledge,  do  for  my- 
self, my  heirs,  executors,  administrators  and  assigns,  release 
and  absolutely,  fully  and  forever,  discharge  the  said  C.  D. 
his  heirs,  executors  and  administrators,  of  and  from  all  claims 
and  demands,  which  now  exist  in  my  favour,  or  which  may 
hereafter  accrue  in  favour  of  me  the  said  A.  B.  or  my  legal 
representatives,  on,  from  or  concerning  a  certain  indenture 
of  lease  made  between  me  and  the  said  C.  D.  on 
wherein  I  demised  to  the  said  C.  D.  an  estate  situated,  <fcc, 
to  have  and  to  hold  the  same  to  him  for  the  term  of 
years,  on  certain  terms  and  conditions,  in  said  Indentures 
of  lease  provided,  [or  if  it  be  a  bond,  note  of  hand,  covenant, 
or  other  contract,  describe  it  particularly,  instead  of  the 
above  description  of  the  Indenture  of  Lease.] 

In  testimony  whereof,  Stc. 


[4]          Of  claims  on  an  instrument  alleged  to  be  lost. 

To  all  persons  to  whom  these  presents  shall  come,  A.  B. 
of,  <fec,  sends  greeting  : 

Know  ye,  that  I,  the  said  A.  B.  in  consideration  of 
to  me  paid  by  C.  D.  of,  &c,  the  receipt  whereof  I  do  here- 
by acknowledge,  do  hereby,  for  myself  and  my  legal  repre- 
sentatives, release  and  forever  discharge  him  the  said  C.  D. 
and  his  legal  representatives,  of  and  from  all  claims  and  de- 
mands which  to  me  have  accrued,  or  may  hereafter  accrue, 
on  or  by  force  of  a  bond  to  me  given  on  the  day  of 

by  the  said  C.  D.  in   the  penal  sum  of  one  thous- 
and dollars,  conditioned  to  pay  to  me  the  sum  of  five  hun- 
dred dollars,  with  semi-annual  interest  thereon,  [which  bond 
26 


290  RELEASE. 

1  have  mislaid  or  lost,  or  was  accidentally  lost,  or  destroyed 
by  fire,  fyc,  on  ,  if  such  be  the  fact.]  And  I, 

the  said  A.  B.  for  myself  and  my  legal  representatives,  do 
covenant  with  the  said  C.  D.  and  his  legal  representatives, 
that  I  will  at  all  times  hereafter  save  and  keep  him  and 
them,  harmless  and  indemnified  of  and  from  all  claims,  de- 
mands, damage,  loss  or  costs,  on,  about  or  concerning  the 
said  bond,  in  the  hands  or  name  of  whomsoever  the  same 
may  be. 

In  testimony  whereof,  &c. 

JVbfe.  If  the  instrument  discharged  be  a  covenant,  bill 
of  exchange,  note  of  hand,  contract,  &c,  describe  it,  what- 
ever it  may  be,  instead  of  the  above  description  of  a  bond. 


[5]  Of  error  concerning  a  judgment. 

Know  all  Men  by  these  presents,  that  I,  A.  B.  of,  &c, 
for  divers  good  causes  and  considerations  me  thereunto 
moving,  have  remised  and  released,  and  by  these  presents  I 
do  remise  and  release,  unto  C.  D.  of,  &c,  all  and  all  man- 
ner of  error,  and  errors,  which  are,  or  may  be  in  one  judg- 
ment, of  record,  remaining  in  the  court  of,  &c, 
against  me  the  said  A.  B.  in  favour  of  the  said  C.  D.  which 
said  judgment  was  rendered  at  the  session  of  said  court, 
holden  at  on  for  dollars,  debt  or 
damage,  and  costs  of  suit,  and  all  errors  the  same 
concerning. 

In  testimony  whereof,  &c. 


[6]  Jl.  general  release  of  errors. 

Know  all  Men,  by  these  presents,  that  I,  A.  B.  of,  &c, 
in  consideration  of  the  sum  of  dollars,  to  me  paid 

by  C.  D.  of,  &.c,  the  receipt  whereof  is  hereby  acknowledg- 
ed, do  hereby,  for  myself  and  my  legal  representatives,  re- 
lease and  forever  tlischarge  the  said  C.  D.  and  his  legal 
representatives,  of  and  from  all,  and  all  manner  of  error, 
and  erroneous  proceeding,  and  neglect  of  proceeding,  com- 


RELEASE.  291 

mitted,  done,  or  omitted,  in  and  concerning  any  and  all 
judgments,  executions  and  legal  proceedings,  in  any  and  all 
courts,  wherein  the  said  C.  D.  may  have  recovered  any 
judgment,  or  by  record  may  have  appeared  to  recover  any 
judgment  or  judgments,  for  any  and  every  sum  or  sums  of 
debt  or  damage  and  costs,  against  me  the  said  A.  B.  from 
the  beginning  of  the  world  to  the  day  of  the  date  hereof. 
In  testimony  whereof,  &c. 


[7]        Of  a  proviso  or  condition  in  a  deed,  covenant,  Sfc. 

Know  all  Men,  &c,  that  I,  A.  B.  of,  &c,  divers  good 
causes  and  considerations  me  thereunto  moving,  have,  for 
myself  and  my  legal  representatives,  remised,  released  and 
quit-claimed  to  C.  D.  of,  &c,  and  to  his  legal  representatives, 
a  proviso  or  condition  contained  in  a  deed  of  conveyance  of 
a  dwelling  house,  &.c,  by  me  the  said  A.  B.  to  him  the  said 
C.  D.  on,  &.c,  which  said  proviso  is  in  the  words  following, 
to  wit  :  [recite  i/.]  And  all  penalties,  claims,  and  causes 
of  action,  that  to  me  or  my  legal  representatives  have  accrued 
or  might  accrue,  upon  or  by  force  of  said  proviso  or  condi- 
tion ;  so  that  the  said  deed  shall  stand,  avail,  and  be  in  force 
in  the  same  manner  that  it  would  if  the  said  proviso  or  conr 
dition  had  not  been  inserted  therein. 

In  testimony  whereof,  Stc. 


[8]  Of  a  particular  power  by  indorsement. 

To  all  persons  to  whom  these  presents  shall  come  :  Be 
it  known,  that  I,  the  within  named  C.  D.  in  pursuance  of 
an  agreement  made  between  me  and  the  within  named 
A.  B.  and  for  divers  good  causes  and  considerations  me 
thereunto  moving,  have  extinguished,  released  and  discharg- 
ed, and  by  these  presents  I  do  extinguish,  release  and  dis- 
charge, the  power  within  provided,  and  given  by  said  A.  B. 
to  me  the  said  C.  D.  to  raise  a  sum  of  money,  which  power 
hereby  released  and  within  contained  is  in  the  words  follow- 
ing, to  wit:  [recite  the  nlt-ased  power]  so  that  the  within 
instrument  shall  stand  and  avail  in  the  same  manner  that  it 


292  RELEASE. 

would  if  the  said  power,  hereby  released,  had  never  been 
therein  contained. 

In  testimony  whereof,  &c. 


[9]       Release  or  confirmation,  by  indorsement,  by  one  of 
full  age,  on  a  deed  by  him  made  while  he  ic<w  an  infant. 

Whereas  on  the  day  of  ,1,  the  within 

named  A.  B.  did  make  and  execute  to  the  within-nr.med 
C.  D.  a  deed  of  warrantee  of  the  within  described  premises, 
as  within  appears.  And  at  the  time  of  making  the  said 
deed,  I,  the  said  A.  B.  was  under  the  age  of  twenty-one 
years.  And  at  the  time  of  making  the  said  deed,  the 
amount  of  the  consideration  money  therein  named  was  by 
the  said  C.  D.  paid  to  my  use,  to  my  guardian  O.  P.  upon 
his  undertaking  with  the  said  C.  D.  that  as  soon  as  I  should 
arrive  at  the  age  of  twenty-one  years,  I  should  confirm  my 
said  deed.  And  on  the  day  of  ,  I,  the  said 

A.  B.  did  arrive  at  the  full  age  of  twenty-one  years.  Now 
therefore  know  all  men  by  these  presents,  that  I,  the  said 
A.  B.  in  consideration  of  the  premises,  and  of  one  dollar  to 
me  paid  by  the  said  C.  D.  the  receipt  whereof  I  do  hereby 
acknowledge,  do  hereby  ratify  and  confirm  my  said  deed 
within  contained  to  him  the  said  C.  JD.  and  do  demise  and 
release  all  my  interest  in  the  within  described  premises  to 
him  the  said  C.  D.  his  heirs  and  assigns.  So  that  he  the 
said  C.  D.  and  his  heirs  and  assigns,  shall  hold  the  said 
within  granted  premises,  and  I  and  my  legal  representatives 
shall  be  liable  and  responsible  to  them  in  the  same  manner 
as  if  I  had  been  of  the  full  age  of  twenty-one  years  when 
the  within  deed  was  made. 
In  testimony  whereof,  &c. 


[10J  Of  Dower  to  an  heir. 

Know  all  Men  by  these  presents,  that  I,  A.  B.  of,  &c, 
widow  and  relict  of  B.  B.  late  of,  &c,  for  and  in  considera- 
tion of  the  sum  of  to  me  paid  by  my  son  C.  B.  of, 
&c,  the  receipt  whereof  I  do  hereby  acknowledge,  as  well 


RELEASE.  293 

as  for  the  love  and  affection  which  I  bear  to  my  said  son, 
and  my  desire  to  aid  and  advance  him  in  life,  have  granted, 
remised,  released  and  forever  quit-claimed,  and  by  these 
presents  I  do  grant,  remise,  release,  and  forever  quit-claim 
unto  him  the  said  C.  B.  his  heirs  and  assigns  forever,  all 
my  right,  title  and  interest,  as  my  right  of  dower  or  thirds  or 
otherwise,  in  law  or  equity  to  me  appertaining,  in  and  to  the 
following  described  messuage  or  tenement  situated  in  , 

and  bounded  and  described  as  follows,  to  wit  :  [describe  the 
estate]  which  was  parcel  of  the  estate  of  my  said  late  hus- 
band, the  said  B.  B.  at  the  time  of  his  decease,  and  which 
has  been  assigned  to  me  as  a  part  of  my  dower.  To  have 
and  to  hold  the  same  to  him  the  said  C.  B.  his  heirs  and 
assigns  forever,  so  that  neither  I,  the  said  A.  B.  nor  any 
person  claiming  under  me,  shall  have  any  right  or  claim 
thereto  forever. 

In  testimony  whereof,  &.c. 


[11]       Of  Dower  in  consideration  of  an  annuity  given  by 
Will. 

To  all  persons  to  whom  these  presents  shall  come,  A.  B.  of, 
&.C,  widow,  relict,  and  residuary  legatee  of  J.  B.  late  of,  &.c, 
sends  greeting  :  Whereas  the  said  J.  B.  in  and  by  his  last 
will  and  testament,  bearing  date  the  day  of 

did  settle  and  secure  upon  and  unto  .me  the  said  A.  B.  an 
annuity  of  ,  to  be  paid  to  me  in  equal  half  yearly 

payments,  in  lieu  and  satisfaction  of  my  thirds  or  right  of 
dower  at  common  law,  which  I  might  otherwise  have  claim- 
ed out  of  my  said  deceased  husband's  estate. 

Now  know  ye  that  I,  the  said  A.  B.  for  and  in  considera- 
tion of  the  said  annuity,  so  secured  to  me  as  aforesaid,  and 
in  pursuance  of,  and  in  part  performance  of  the  said  last  will 
and  testament  of  my  said  late  husband,  do  hereby  declare 
myself  fully  satisfied  and  contented  therewith,  and  in  con- 
sideration thereof  do  hereby  remise,  release,  and  forever  quit- 
claim unto  W.  X.  of,  &.c,  and  Y.  Z.  of,  &c,  trustees,  appoint- 
ed in  and  by  the  said  last  will  and  testament  of  my  said  late 
husband,  (the  same  being  now  in  their  actual  seizin  and  pos- 
session) all  my  right,  title  and  interest,  by  right  of  dower  or 
otherwise,  in  and  to  all  and  every  part  of  the  real  estates 
26* 


294  RELEASE. 

whereof  my  said  late  husband  died  seized  and  possessed, 
wheresoever  the  same  may  be  situated  [or  in  and  to  the  fol- 
lowing real  estates,  whereof  my  said  late  husband  died 
seized  and  possessed,  which  are  described  and  bounded 
as  follows,  to  wit,  fyc.~\ 
In  testimony  whereof,  &.c. 


[12]  Of  a  Trust  Estate. 

To  all  persons  to  whom  these  presents  shall  come,  A.  B., 
of,  &c,  sends  greeting.  Whereas  an  Indenture  was  made, 
bearing  date,  &c,  between,  [recite  the  parties  to  it,~\  in  and 
by  which  indenture,  a  certain  estate  was  by  E.  F.,  of,  &c, 
conveyed  to  me  the  said  A.  B.,  whigh  estate  is  situated  in 
,  and  described  and  bounded  as  follows,  to  wit, 
[describe  it,~\  and  which  said  estate  was  in  and  by  said  in- 
denture conveyed  to  me,  the  said  A.  B.,  in  trust  for,  and  to 
the  use  and  benefit  of  C.  D.,  of,  <fcc. 

Now  know  ye,  That  I,  the  said  A.  B.,  in  the  fulfilment 
and  discharge  of  the  trusts  in  and  by  said  indenture  confer- 
red on  me,  and  at  the  request  of  the  said  C.  D.,  have  re- 
mised, released,  surrendered,  assigned,  and  set  over,  and  by 
these  presents  I  do  freely  and  absolutely  remise,  release, 
surrender,  assign,  and  set  over,  to  the  said  C.  D.,  his  heirs 
and  assigns,  all  my  right,  title,  and  interest  in  and  to  the 
said  estate  herein  before  described,  so  that  neither  I,  nor 
any  person  claiming  under  me,  shall,  at  any  time,  have  or 
claim  any  title  or  interest  in  and  to  said  estate,  or  right  of 
possession  thereof  forever.  In  testimony  whereof,  &c. 


[13]     Of  Discharge  of  an  Apprentice  from  his  Indentures. 

To  all  persons  to  whom  these  presents  shall  come,  A.  B., 
of,  &c,  sends  greeting.  Whereas  C.  D.,  son  of  E.  D.,  of, 
&.C,  did  by  his  indentures  of  apprenticeship,  bearing  date, 
&.c,  with  the  consent  of  said  E.  D.,  put  and  bind  himself  an 
apprentice  to  the  said  A.  B.  for  the  term  of  years 

from  the  date  thereof,  as  in  and  by  said  indentures  appears  : 
and  the  said  A.  B.,  at  the  request  of  said  C.  D.  and  £.  D., 


RELEASE.  295 

has  agreed  to  discharge  the  said  C.  D.  from  his  service 
and  from  his  condition  of  apprenticeship  aforesaid.  Now 
therefore  know  ye,  that  the  said  A.  B.,  in  consideration  of  his 
agreement  with  said  C.  D.  and  E.  D.,  and  of  the  release  this 
day  to  him  made  by  said  C.  D.  and  E.  D.,  has  remised,  re- 
leased, and  forever  discharged,  and  by  these  presents  he  does 
remise,  release,  and  forever  discharge  the  said  C.  D.  of  and 
from  all  liability  to  him  as  an  apprentice,  and  the  said  C.  D. 
and  E.  D.  of  and  from  all  the  covenants  in  and  by  said  in- 
denture contained,  and  of  and  from  all  actions,  claims,  and 
demands  arising  upon,  or  in  respect  of  said  indenture. 
In  witness  whereof,  Stc. 


[14]     From  an  Apprentice  and  his  Father  to  his  Master. 

To  all  persons  to  whom,  &c.  Whereas,  &c,  [make  the 
requisite  recital.]  Now  therefore  know  ye,  that  the  said 
C.  D.,  the  said  apprentice,  and  the  said  E.  D.,  his  father, 
in  consideration  of  their  agreement  with  said  A.  B.,  and  of 
the  release  this  day  to  them  given  by  said  A.  B.,  has  hereby 
remised,  released,  &c,  [the  same  mutatis  mutandis  as  in  the 
last  form.]  In  witness  whereof,  &.c. 


[15]  Of  a  Right  to  Lands. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of,  Stc, 
in  consideration  of  ,  to  me  paid  by  C.  D.,  of,  &.c, 

the  receipt  whereof  is  hereby  acknowledged,  have  remised, 
released,  and  forever  quitclaimed  and  discharged,  and  I  do 
hereby  remise,  release,  and  forever  quitclaim  and  discharge 
to  the  said  C.  D.,  and  his  heirs  and  assigns,  all  my  estate, 
right,  title,  and  interest  in  law  and  equity,  in,  to,  and  in  re- 
spect of  an  estate  situated  in  ,  described  and  bound- 
ed as  follows,  to  wit,  [describe  the  estate,]  so  that  neither  I, 
the  said  A.  B.,  nor  any  person  claiming  under  me,  will  or 
shall  make  or  have  any  right  therein,  or  claim  thereto,  or  to 
any  thing  resulting  therefrom  forever. 

In  testimony  whereof,  &c. 


296 


[16]  Of  an  Equity  of  Redemption. 

Know  all  men  by  these  presents,  That  I,  A,  B.,  of,  &cy 
in  consideration  of  dollars,  to  me  paid  by  C.  D.,  of, 

&c,  the  receipt  whereof  I  do  hereby  acknowledge,  do  here- 
by release,  remise,  and  forever  quitclaim  to  the  said  C.  D., 
his  heirs  and  assigns,  all  rny  estate,  right,  title,  and  interest, 
both  in  law  and  equity,  of,  in,  and  to,  a  certain  messuage, 
situated  in  ,  described  and  bounded  as  follows,  to 

wit,  &c,  being  the  same  estate  whereof  I,  the  said  A.  B., 
gave  a  deed  of  mortgage  to  the  said  C.  D.  on  the 
day  of 

To  have  and  to  hold  the  same  to  him,  the  said  C.  D.,  his 
heirs  and  assigns,  to  his  and  their  use  and  behoof  forever,  so 
that  neither  I,  the  said  A.  B.,  nor  any  person  claiming  under 
me,  shall  have  any  right,  title,  or  claim  therein  or  thereto 
forever;  and  so  that  the  said  C.  D.,  his  heirs  and  assigns, 
by  force  of  rny  said  deed  of  mortgage,  and  this  my  deed  of 
release,  shall  have  all  the  title,  estate,  and  interest  which  I 
ever  had  therein.  In  testimony  whereof,  &c. 


[17]     Of  a  Mortgage,  to  be  entered  on  the  Margin  of  the 
Record. 

I,  A.  B.,  of,  &c,  acknowledge  that  I  have  received  full 
payment  and  satisfaction  from  C.  D.,  of,  Sic,  of  the  principal 
sum  mentioned  in  a  deed  of  mortgage  by  said  C.  D.  made 
to  me,  the  said  A.  B.,  on  the  day  of  ,  and  in- 

terest thereon,  which  deed  is  recorded  in  the  registry 

of  deeds,  book  ,  and  page  ,  and  in  considera- 

tion thereof,  I  do  hereby  fully  release,  and  forever  discharge 
the  said  C.  D  ,  his  heirs  and  assigns,  of  and  from  the  said 
mortgage. 

Witness  my  hand  and  seal,  Stc. 


[18]  Of  a  Mortgage  by  Indorsement. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  the 


RELEASE.  297 

within  named  mortgagee,  in  consideration  of  the  sum  of 
,  to  me  paid  by  C.  D.,  the  within  named  mortga- 
gor, which  sum  I  hereby  acknowledge  that  I  have  received 
in  full  satisfaction  and  discharge  of  the  within  written  mort- 
gage, do  hereby  remise,  release,  and  forever  discharge  the 
within  deed  of  mortgage,  and  all  my  right,  title,  and  interest 
in  and  to  the  within  described  estate,  to  him  the  said  C.  D., 
so  that  neither  I,  nor  any  person  claiming  under  me,  shall 
have  or  claim  any  right,  title,  or  interest  in  and  to  the  said 
estate  by  force  of  said  deed  of  mortgage  forever. 
In  testimony  whereof,  &.c. 


SEPARATION. 

Between  a  Husband  and  his  Wife  ;  the  husband  giving  for 
the  use  of  the  wife  the  Estate  to  which  she  was  entitled 
at  the  time  of  the  marriage,  Sfc. 

Articles  of  agreement  made  between  A.  B.,  of,  &c,  of 
the  first  part,  C.  B.,  wife  of  the  said  A.  B.,  of  the  second 
part,  and  D.  E.,  F.  G.,  and  H.  I.,  of  the  third  part. 

Whereas  the  said  A.  B.,  by  virtue  of  his  marriage  with 
the  said  C.  B.,  and  by  virtue  of  several  deeds  and  covenants, 
made  by  her  the  said  C.  B.,  and  other  persons  for  and  on 
her  behalf,  is  seized  of  or  entitled  to  the  possession  of  divers 
estates  of  great  value  ;  and  is  also  possessed  of  certain 
stocks,  jewels,  plate,  furniture,  and  other  goods  and  chattels 
and  choses  in  action,  which  were  the  property  of  said  C.  B. 
at  the  time  of  her  intermarriage  with  the  said  A.  B.  And 
whereas  the  said  A.  B.  and  C.  B.  have  mutually  agreed  here- 
after to  live  separately  and  apart  from  each  other  during  the 
remainder  of  their  lives,  for  the  promotion  of  their  mutual 
peace  and  comfort,  and  to  the  intent  that  each  of  them  may 
lead  their  lives  according  to  their  respective  tastes.  And 
the  said  A.  B.  has  agreed  to  grant,  convey,  surrender,  and 
deliver  to  the  party  hereto  of  the  third  part,  in  trust  for  the 
use  of  said  C.  B  ,  all  the  estates,  both  real  and  personal,  of 
which  he  is  now,  or  may  hereafter  be,  or  is  in  any  manner 
entitled  to  be  seized  and  possessed  in  right  of  his  said  wife, 
so  that  the  same  may  be  held  and  enjoyed  for  her  sole  and 
separate  use  and  benefit,  as  fully  and  absolutely  as  if  she 
had  never  been  married  to  said  A.  B. 


298  RELEASE. 

Now  for  the  more  effectually  carrying  the  said  agreement 
into  execution,  the  said  A.  B.  does  hereby,  in  consideration 
of  the  premises,  and  of  the  covenants  herein  contained,  give, 
grant,  sell,  assign,  and  deliver  to  the  said  D.  E.,  F.  G.,  and 
H.  I.,  in  trust,  for  the  use  and  benefit  of  the  said  C.  B.,  her 
heirs,  executors,  administrators,  and  assigns,  all  the  estates 
and  property  of  every  name  and  nature,  which  he  received, 
or  became  possessed  of,  as  the  property  of  his  said  wife,  the 
said  C.  B.,.  and  all  his  right,  title,  and  interest  therein,  and 
possession  thereof,  which  said  property  is  one  messuage  with 
its  appurtenances,  situated  in  ,  bounded  as  follows, 

to  wit,  which  belonged  to  the  said  C.  B.  at  the  time  of  her 
intermarriage  with  the  said  A.  B.,  and  of  which  he  has  since 
had  the  possession  ;  also  all  the  personal  property  and  choses 
in  action,  which  he  had  in  her  right,  or  tor  which  the  same  has 
been  exchanged,  which  is  as  follows  :  —  [describe  the  slock, 
jeivels,  plale, furniture,  choses  in  action,  and  other  things.] 

To  have  and  to  hold  the  same  to  the  said  D.  E.,  F.  G., 
and  H.  I.,  and  the  survivor  of  them,  and  the  heirs,  execu- 
tors, and  administrators  of  such  survivor,  in  trust,  however, 
for  the  sole  use  of  said  C.  B.,  her  heirs,  executors,  admin- 
istrators, and  assigns,  for  ever.  And  the  said  A.  B.,  for 
himself,  his  heirs,  executors,  Sec,  does  farther  covenant  to 
and  with  the  said  D.  E.,  &.c,  that  at  all  times  hereafter, 
so  often  as  any  property  shall  come  into  his  hands,  or 
possession,  and  so  often  as  he  shall  gain  any  title  or  interest 
thereto  in  the  right  of  said  C.  B.,  whether  the  same  shall  be 
derived  to  her  by  inheritance,  devise,  bequest,  giant,  gift,  or 
otherwise,  he  will  convey  all  his  right  therein  and  deliver 
possession  thereof,  and  of  the  whole  thereof,  to  the  said  D. 
E,  &.c,  in  the  same  manner  and  on  the  same  trust,  that  the 
property  aforesaid  is  conveyed. 

And  moreover  the  said  A.  B.,  for  himself,  his  heirs,  &o, 
covenants  with  the  said  D.  E.,  &.c,  that  he  will  not  permit 
any  of  the  property  of  the  said  C.  B.  to  be  seized  or  taken 
in  execution  to  satisfy  any  judgment  against  him;  that  he 
will  not  molest,  interrupt,  or  interfere,  with  the  said  C.  B. 
or  her  concerns,  but  will  freely  permit  her  to  lead  her  life, 
and  manage  her  concerns  according  to  her  pleasure;  and 
that  he  will  permit  her  to  dispose  of  or  change,  any 
of  her  estates  and  property  at  her  pleasure,  while  she 
lives,  and  join  her  in  all  necessary  deeds  therefor;  and  to 
dispose  thereof  by  will,  or  any  writing  in  the  nature  of,  or 


SEPARATIOX.  299 

purporting  to  be  her  last  will  and  testament,  as  fully  and 
amply  as  she  could  do  if  she  were  sole  and  unmarried;  and 
that  no  hindrance  or  objection  to  the  probate  or  legal  effect 
of  such  her  last  will  and  testament,  shall  be  interposed  or 
offered  by  the  said  A.  B.,or  his  legal  representatives. 

And  the  said  C.  B.,  in  consideration  of  the  premises  and 
the  provisions  for  her  benefit  herein  contained,  and  of  the 
arrangements  to  effect  a  separation  between  her  and  her  said 
husband,  does  hereby  assent  to  these  articles  of  separation, 
and  all  the  provisions  herein  contained,  and  covenant  that 
she  will  do  all  things  in  her  power  to  give  full  and  legal 
effect  to  all  the  covenants,  agreements,  and  conditions  herein- 
contained. 

And  the  said  D.  E.,  &.c,  in  consideration  of  the  premises,, 
and  of  their  desire  to  promote  the  peace  and  comfort  of  the 
said  A.  B.  and  C.  B.,  do  hereby  for  themselves,  the  sur- 
vivor of  them,  and  the  heirs,  executors,  and  administrators 
of  such  survivor,  accept  the  trusts  aforesaid,  on  the  terms 
and  conditions  thereof,  and  covenant  with  the  said  A.  B.,  his, 
&c,  that  the  said  C.  B.  shall  at  all  times  on  reasonable  de- 
mand, without  any  consideration  therefor,  join  in  the  execu- 
tion of  any  and  all  deeds  of  the  said  C.  B.,  so  far  as  to  re- 
lease and  surrender  all  her  right  of  dower  in  and  to  any 
and  all  of  the  said  real  estate  which  is  or  may  be  of  the  said 
C.  B.;  that  she  shall  not  claim  any  share  in  the  distribution 
of  his  personal  estates,  and  that  no  debts  or  liabilities  by  her 
hereafter  to  be  contracted  or  incurred  shall  be  satisfied  by 
the  levy  of  any  execution  on  the  person  or  property  of  the 
said  A.  B.  But  it  is  understood  and  agreed  by  all  the  par- 
ties hereto,  that  the  said  D.  E.,  &c,  shall  be  liable  to  fulfil 
their  covenants  aforesaid,  no  farther  than  they  shall  be  en- 
abled so  to  do  by  applying  for  that  purpose  the  net  proceeds 
of  the  property  which  is  or  shall  be  by  force  hereof  convey- 
ed and  assigned  to  them  by  said  A.  B.,  in  trust,  for  the  use 
of  said  C.  B.  And  the  said  D.  E.,  &.c,  farther  covenant 
with  said  C.  B  ,  that  they  will  annually  pay  over  to  her  the 
net  income  of  all  the  property  hereby  assigned  or  provided  to 
be  assigned  to  them  fur  her  use;  and  that,  on  the  decease 
of  said  A.  B.,  they  will  account  for,  convey,  pay  and  deliver 
over  to  the  said  C.  B.,  provided  she  shall  survive  the  said 
A.  B.,  all  and  singular  the  property  and  estate,  or  the  net 
proceeds  thereof,  hereby  conveyed  or  provided  to  be  con- 
veyed to  them  in  trust:  And  if  the  said  A.  B.  shall  survive 


300  SEPARATION. 

the  said  C.  B.,  on  the  decease  of  said  C.  B.,  they  will  in 
like  manner  account  for,  pay  and  deliver  the  same  to  those 
who  shall  be  legally  entitled  thereto.  And  it  is  agreed  by 
all  the  parties  hereto,  that  said  trustees  shall,  at  all  times,  re- 
serve out  of  said  trust-fund,  and  the  avails,  proceeds,  and  in- 
come thereof,  all  the  expenses  of  fulfilling  their  covenants  on 
behalf  of  said  C.  B.,  and  ail  the  other  reasonable  charges, 
and  a  just  compensation  for  managing  the  same. 
In  testimony  of  all  which,  &c. 

JVb/e.  —  In  places,  where  the  courts  have  not  ample 
powers  to  compel  the  execution  of  trusts,  it  may  be  wise  to 
introduce  a  fourth  party,  and  to  empower  him  to  compel  all 
the  others  to  perform  their  covenants,  and  to  fulfil  their 
trusts  in  favour  of  the  wife. 

The  following  are  some  of  the  numerous  conditions  that 
may  be  required  in  other  and  different  cases,  and  may  be 
used  according  to  circumstances. 

The  husband  covenants  that  the  wife  may  live  separate,  fyc. 

The  said  A.  B.  in  pursuance  of  said  agreement,  does  for 
himself,  £tc,  covenant  with  the  said  C.  B.  his,  <fcc,  that  for 
and  during  the  natural  life  time  of  the  said  A.  B.  he  will 
permit  the  said  E.  B.  to  dwell  and  reside  separate,  and 
apart  from  him,  in  such  place  and  places,  and  in  such  family 
and  families  as  she  may  choose,  and  to  manage  and  conduct 
her  affairs  according  to  her  own  pleasure;  and  that  he  will 
not,  nor  shall  any  person  on  his  behalf,  or  on  his  account, 
disturb,  molest  or  interfere  with  her  person,  property  or  con- 
cerns: but  that  she  may,  notwithstanding  her  coverture,  de- 
vote her  time,  and  manage  her  property  and  concerns  in  the 
same  manner  that  she  would  be  legally  authorized  to  do  if 
she  were  sole  and  unmarried. 

The  husband's  covenant  not  to  visit  his  wife,  or  permit  any 
of  her  property  to  be  taken  or  claimed  on  his  account,  fyc. 

That  the  said  A.  H.  will  not  at  any  time  hereafter 
compel  her  the  said  E.  B.  to  cohabit  with  him,  nor  dis- 
turb, molest,  trouble  or  visit  her  in  any  place  where  she 
may  choose  to  reside,  nor  molest  or  trouble  any  other  per- 


SEPARATION.  301 

son  for  receiving  or  harbouring  her;  and  that  he  will  no 
take,  claim  or  demand,  nor  permit  to  be  taken,  claimed  or 
demanded,  on  his  account,  any  of  her  property,  nor  any  of 
the  avails  of  her  labour  and  enterprise,  nor  any  thing  that 
she  now  has  or  may  hereafter  have,  or  the  right  to  which 
may  accrue  to  her. 

That  the  husband  shall  pay  an  annuity  to  the  wife  during 
her  life. 

And  farther,  that  the  said  A.  B.  and  his  legal  representa- 
tives, shall  and  will,  during  the  full  term  of  the  natural  life 
of  the  said  E.  B.  well  and  truly  pay  to  her  or  her  assigns, 
an  annuity  of  dollars,  from  and  after  the  day  of  the 

date  hereof,  to  be  paid  in  semi-annual  payments  of 
each,  on  the  days  of  annually. 

Tliat  the  husband  shall  join  the  wife  in  the  conveyance  of 
her  estates. 

And  the  said  A.  B.  does  farther  covenant  that  in  case 
the  said  E.  B.  shall  at  any  time  sell  any  of  her  estates,  and 
shall  desire  the  said  A.  B.  to  join  her  in  making  and  deliv- 
ering a  deed  for  the  conveyance  thereof,  he  the  said  A.  B. 
will  join  in  and  become  party  to  such  deed,  and  execute  the 
same  on  the  sale  of  such  estate,  for  her  benefit  —  so  far  as 
is  necessary  for  a  husband  to  join  with  a  wife  in  the  sale  of 
her  estate  to  give  effect  to  her  deed  for  the  conveyance 
thereof. 

Proviso  in  case  the  wife  should  refuse  to  release  her  right  of 
dower  in  her  husband's  estate. 

Provided  nevertheless,  that  if  the  said  A.  B.  should  sell 
any  of  his  own  estates,  in  which  the  said  E.  B.  might  have 
been  entitled  to  dower,  and  she  the  said  E.  B.  shall  refuse, 
on  reasonable  request,  to  join  in  and  become  party  to  the 
deed  of  said  A.  B.  for  the  sale  of  such  estate,  so  far  as  to 
release  her  right  of  dower  therein,  and  for  the  sole  arid  only 
purpose  of  releasing  her  right  of  dower  therein,  then,  and 
upon  such  refusal,  all  the  provisions  herein  made  for  the 
benefit  of  the  said  E.  B.  shall  be  forfeited.  And  she  shall 
not,  nor  shall  any  person  on  her  behalf  and  account,  here- 
27 


302  SEPARATION. 

after  claim  or  have  any  benefit,  exemption  or   advantage 
from  these  articles  of  separation. 

That  the  husband  and  wife  shall  each  pay  their  respective 
debts. 

And  it  is  fully  understood  and  agreed  between  the  parties 
that  each  of  them  the  said  A.  B.  and  E.  B.  shall  pay  and 
discharge  their  own  respective  debts.  And  if  the  said 
A.  B.  shall  permit  the  said  E.  B.  or  her  property  hereby 
provided  for,  or  any  that  she  may  hereafter  acquire,  to  be 
molested  or  seized  and  taken  in  execution,  on  any  of  his 
debts  which  have  been  heretofore,  or  may  be  hereafter  con- 
tracted, thereupon  he  shall  forfeit  and  lose  the  benefit  of  all 
the  covenants  and  provisions  herein  made  in  his  favour;  and 
if  the  said  E.  B.  shall  permit  the  said  A.  B.  or  his  property, 
to  be  molested,  or  seized  and  taken  in  execution  on  any  of 
her  debts  hereafter  to  be  contracted,  thereupon  all  the 
covenants  and  provisions  herein  made  in  her  favour  shall  be 
forfeited,  and  she  shall  lose  the  benefit  thereof. 


SETTLEMENT. 

This  form  of  contract  is  not  of  frequent  use  in  this  coun- 
try. But  it  might  be  of  general  advantage,  if  it  were  more 
frequently  resorted  to  in  cases  of  marriage.  The  property 
of  a  young  woman  at  the  time  of  her  marriage,  if  small, 
would  be  of  little  advantage  to  her  husband,  in  the  pursuit 
of  the  enterprizes  in  which  the  active  young  men  of  our 
country  so  generally  engage.  But  in  case  of  his  being  ul- 
timately unfortunate  in  business,  it  would  often  be  a  valuable 
little  fund,  to  save  children  from  wanting  bread,  and  to  aid 
in  their  education. 

It  would  be  no  injustice  to  any  body,  and  would  often  be 
productive  of  domestic  peace  and  comfort,  if  such  funds, 
however  small,  were  more  frequently  protected  by  marriage 
settlements.  To  facilitate  such  arrangements,  the  following 
forms  of  contracts  are  presented: — 


SETTLEMENT.  •  303 


[1J     Marriage  Settlement  of  a  Wife's  Estate,  consisting  of 
Lands,  fyc. 

An  Indenture  of  three  parts,  made  this  first  day  of  May, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-two,  by  and  between  A.  B.,  of,  &c,  merchant,  of  the 
first  part,  C.  D.,  of,  &c,  single  woman,  of  the  second  part, 
and  E.  F.,  of,  &c,  G.  H.,  of,  #c,  and  I.  J.,  of,  &c,  of  the 
third  part.  Whereas  a  marriage  is  intended  to  be  soon  had 
and  solemnized  between  the  said  A.  B.  and  C.  D.,  and  it  is 
agreed  between  the  said  A.  B.  and  C.  D.,  that  if  a  marriage 
shall  be  had  and  solemnized,  the  said  A.  B.,  his  heirs,  ex- 
ecutors, administrators,  and  assigns,  shall  not  and  will  not, 
in  any  event,  take,  claim,  or  intermeddle  with,  any  of  the 
property  which  now  is  of  the  said  C.  D.,  or  which  may 
hereafter  be  derived  in  her  right  by  inheritance,  devise,  do- 
nation, or  otherwise,  nor  with  the  profit,  income,  or  interest 
thereof.  And  the  said  C.  D.  is  now  possessed  in  her  de- 
mesne as  of  fee  simple,  of  a  messuage,  or  tenement  and  es- 
tate situated  in  ,  described  and  bounded  as  follows, 
to  wit,  ,  and  she  may  inherit,  or  become  entitled 
by  devise  or  bequest  or  otherwise  to  other  estates  on  the 
demise  of  her  father,  D.  D.,  of,  Stc;  or  otherwise.  Now 
this  Indenture  witnesses,  that  for  making  the  said  agree- 
ment effectual  in  law,  and  for  preserving  the  said  estates, 
and  the  rent  and  income  thereof,  to  and  for  the  separate  use 
of  the  said  C.  D.,  and  so  that  the  same  shall  not  be  within 
the  power,  control,  or  disposition  of  the  said  A.  B.,  or  sub- 
ject to  the  fate  of  his  enterprises  in  business  in  the  manage- 
ment of  his  affairs,  she  the  said  C.  D.,  in  consideration  of 
the  premises,  does  hereby  grant,  demise,  and  let,  her  said  es- 
tate to  them  the  said  E.  F.,  G.  H.,  and  I.  J.  To  have 
and  to  hold  the  same,  with  all  the  appurtenances  thereof,  to 
them  the  said  E.  F.,  G.  H.,  and  I.  J.,  and  the  survivor  of 
them,  and  the  executors  and  administrators  of  such  survivor 
for  and  during  the  whole  term  of  the  joint  lives  of  the  said 
C.  D.  and  A.  B.,  and  also  for  and  during  the  life  of  the  said 
A.  B.,  if  he  shall  survive  the  said  C.  D.,  upon  trust,  how- 
ever, for  the  following  purposes  :  —  That  they  the  said  E. 
F.,  &c,  shall  take,  superintend,  and  manage  the  said  estate, 
and  keep  in  repair  and  underlet  the  same,  in  such  a  manner 
as  to  obtain  the  greatest  rent  and  income  therefor  which 


304  SETTLEMENT. 

they  can,  and  preserve  the  estate  and  inheritance  in  good 
order  ;  and  from  such  rent  and  income  the  said  E.  F.,  &c, 
shall  pay  and  apply  whatever  shall  be  necessary  to  keep  said 
messuage  in  good  order  and  repair,  and  reasonably  insured, 
and  also  the  reasonable  charges  in  and  about  managing  this 
trust  ;  and  the  net  amount  of  said  rent  and  income,  so  often 
as  the  same  shall  be  received,  after  deducting  the  charges 
aforesaid,  the  said  E.  F.,  &c,  shall  invest  in  public  funds, 
bank,  insurance,  or  factory  stock,  in  the  manner  they  shall 
deem  most  discreet,   and  hold  the  same  in  trust  for  said 
C.  D.  and  her  heirs,  executors,  and  administrators  ;  but  if 
the  said  C.  D.,  at  any  time,  from  time  to  time,  shall  prefer 
it,  and  request  it  in  writing,  the  said  E.  F.,  &c,  shall  pay 
any  part  or  the  whole  of  such  rent  or  income  into  the  hands 
of  said  C.  D.,  taking  her  personal  receipt  therefor,  instead 
of  so  investing  it  as  aforesaid  :  and  the  periodical  income  of 
all  that  they   shall  so  invest,  the  said  E.  F.,  &c,  shall 
promptly  pay  into  the  hands  of  the  said  C.  D.,  taking  her 
personal  receipt  therefor.     And  the  said  A.  B.,  in  con- 
sideration of  the  premises,  does  hereby  consent  to  the  demise 
aforesaid,  and  all  the  provisions  and  conditions  herein  con- 
tained ;  and  farther,  he  does  covenant  with  the  said  E.  F., 
&c,  that  after  said  intended  marriage  shall  be  consummated, 
he  will  from  time  to  time,  during  the  joint  lives  of  himself 
and  said  C.  D.,  grant,  assign,  pay,  and  deliver,  all  the  per- 
sonal estate  and  choses  in  action,  which  shall  come  into  his 
hands  or  fall  under  his  control,  in  right  of  the  said  C.  D., 
by  bequest  or  donation  to  her,  or  otherwise,  into  the  hands 
of  the  said  E.  F.,  &c,  to  be  by  them  invested  in  funds  or 
stocks,  and  held  and  managed,  and  the  income  applied  in 
the  same  manner  as  is  herein  before  provided  for  the  income 
of  the  real  estate  herein  described.     And  the  said  A.  B.  and 
C.  D.  covenant  with  the  said  E.  F.,  Stc,  that  if,  after  the 
said  marriage  and  during  the  continuance  thereof,  any  other 
real  estate  shall  accrue  or  be  derived  to  said  C.  D.  by  in- 
heritance, devise,  grant,  donation,  gift,  or  otherwise,  they 
will  thereupon  demise  the  same  to  (he  said  E.  F.,  &c,  for 
the  same  time  and  on  the  same  terms  and  conditions  that 
the  messuage  now  belonging  to  said  C.  D.  is  herein  de- 
mised to  said  E.  F.,  etc.     And  the  said  A.  B.  and  C.  D., 
do  jointly  and  severally  covenant  with  the  said  E.  F.,  &c, 
that  they  will  give  them  from  time  to  time  all  such  farther 
conveyances,  covenants,  and  powers,  as  shall  be  necessary 


SETTLEMENT.  305 

to  carry  the  trusts  herein  provided  in  the  most  convenient 
manner  into  effect.     And  the  said  E.  F.,  G.  H.,  and  I.  J., 
in  consideration  of  the  premises  and  of  their  desire  to  serve 
the  said  A.  B.  and  C.  D.,  for  themselves,  and  the  survivor 
of  them,  and  the  executors  and  administrators  of  such  sur- 
vivor, do  hereby  covenant  and  agree  to  and  with  the  said  A. 
B.  and  C.  D.,  and  with  each  of  them  severally,  and  with 
their  several  executors,  administrators,  and  assigns,  that  they 
the  said  E.  F.,  &c,  will  accept  the  several  demises  and 
trusts  herein  made  and  provided  to  be  made,  upon  and  ac- 
cording to  the  terms  thereof,  and  that  they  will  truly  and 
with  fidelity  perform  the  same,  and  manage  all  such  estates, 
real  and  personal,  as  shall  come  into  their  hands  in  trust  un- 
der the  provisions  hereof,  in  a  diligent  and  prudent  manner  ; 
that  they  will  keep  plain  and  true  accounts  of  their  receipts, 
payments,  investments,  sales,  charges,  and  doings  in  the 
premises  ;  and  that  they  will  from  time  to  time,  on  demand, 
furnish  their  accounts  to  the  said  A.  B.  and  C.  D.,  and 
each  of  them,  or  their  respective  executors,  administrators, 
and  assigns  ;  and  that  they  the  said  E.  F.,   &c,  will  not 
waste  or  injure,  or  convert  to  their  own  use,  or  suffer  to  be 
wasted,  injured,  or  converted  to  their  own  use,  any  of  the 
stock  or  property  that  may  come  into  their  hands  in  trust  as 
aforesaid,  but  that  they  will  faithfully  manage  and  account 
for  the  same  to  the  best  advantage  of  each  and  all  the  par- 
ties concerned  in  interest  :  and  that  at  the  termination  of 
this  trust,  they  will  deliver  the  real  estates  which  they  may 
hold,  and  assign  and  deliver  all  the  stocks,  choses  in  action, 
and  personal  estates  which  they  may  hold  under  and  by  force 
of  this  settlement,  to  the  said  C.  D.r  or  her  assigns,  if  she 
shall  be  then  living  ;  and  if  she  shall  have  deceased,  to  her 
heirs,  devisees,  donees,  executors,  or  administrators,  as  they 
may  respectively  be  entitled  to  them. 

And  it  is  farther  agreed  and  provided  by  each  and  all  of 
the  parties  hereto,  that  the  said  E.  F.,  &c,  may  from  time 
to  time,  according  to  their  discretion,  sell,  re -invest,  or  ex- 
change, all  the  funds,  stocks,  or  personal  property  which 
they  may  hold  under  this  settlement ;  —  and  if  it  shall  be 
thought  best  by  the  said  A.  B.  and  C.  D.  to  sell  any  or  all 
the  real  estates  herein  demised,  or  provided  to  be  demised, 
and  to  re-invest  the  proceeds  of  such  sales  in  other  real  es- 
tates, then  the  same  shall  be  sold  and  conveyed  by  the  deed 
of  said  A.  B.  and  C.  D.,  and  the  said  E.  F.,  &.c,  shall  re- 
27* 


306  SETTLEMENT. 

lease  their  interest  in  the  said  estate  so  sold,  and  the  pro- 
ceeds of  such  sale  shall  be  paid  directly  by  the  purchaser 
into  the  hands  of  said  E.  F.,  &c,  and  they  shall  invest  sucli 
proceeds  in  the  purchase  of  other  real  estate,  such  as  said 

C.  D.  shall  approve,  the  deed  of  which  shall  be  taken  in  the 
name  of  said  C.  D.,  to  whom  such  estate  shall  be  granted 
in  the  common  mode,  and  thereupon  the  said  A.  B.  and  C. 

D.  shall  demise  the  same  to  the  said  E.  F.,  &c,  for  the 
same  time  and  on  the  same  terms  and  conditions  that  the 
messuage  now  belonging  to  said  C.  D.  is  herein  demised 
to  them,  the  said  E.  F.,  &c.     And  it  is  farther  provided, 
that  if  said  marriage  shall  not  be  solemnized  :  on  a  declara- 
tion to  that  effect  either  by  said  A.  B.  or  C.  D.,  this  settle- 
ment and  all  the  provisions  thereof,  shall  become  void. 

In  testimony  whereof,  &c. 


[2]     In  contemplation  of  marriage,  for  securing  money  and 
other  properly. 

An  Indenture,  made  this  first  day  of  May,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-two,  by  and 
between  A.  B.  of,  8tc,  of  the  first  part,  C.  D.  of,  &c,  sin- 
glewoman,  of  the  second  part,  and  E.  F.  of,  &c,  G.  H.  of, 
&c,  and  1.  J.  of,  &c,  of  the  third  part.  Whereas  a  mar- 
riage is  intended  soon  to  be  had  and  solemnized  between 
the  said  A.  B.  and  C.  D.  And  it  has  been  agreed  between 
the  said  A.  B.  and  C.  D.  that  if  the  said  marriage  shall  be 
had  and  solemnized,  it  will  be  for  their  mutual  benefit,  and 
that  of  their  family,  that  her  property  shall  be  secured  in 
such  a  manner  that  it  shall  not  be  exposed  to  be  lost  if  the 
said  A.  B.  should  become  unfortunate  and  embarrassed  in 
any  of  the  various  enterprises  in  which  he  may  engage. 
And  the  said  C.  D.  is  now  possessed  in  her  own  right  of 
the  sum  often  thousand  dollars  in  money,  and  may  hereafter 
become  possessed  of  or  entitled  to  other  property,  real  and 
personal,  by  inheritance,  devise,  bequest,  grant  or  donation 
from  her  father  or  other  persons.  Now  to  carry  into  effect 
the  agreement  aforesaid,  This  Indenture  witnesses,  that  in 
consideration  of  the  premises,  the  said  C.  D.  with  the  con- 
sent and  approbation  of  said  A.  B.  has  given  and  granted, 
and  at  the  time  of  the  execution  hereof  she  does  deliver  to 


SETTLEMENT.  307 

the  said  E.  F.,  G.  H.  and  I.  J.  the  said  sum  of  ten  thous- 
and dollars.     To  have  and  to  hold  the  same  to  them  the 
said  E.  F.,  G.  H.  and  I.  J.  and  the  survivor  of  them,  and 
the  executors  and  administrators  of  such  survivor,  for  and 
during  the  whole  term  of  the  joint  lives  of  them  the  said  A.  B. 
and  C.  D.,  and  for  and  during  the  life  of  the  said  A.  B., 
if  he  shall  survive  the  said  C.  D.,  upon  trust,  however,  for 
the  following  purposes,  to  wit:  That  the  said  E.  F.  &c,  shall 
forthwith  proceed  to  invest  the  said  money  in  the  public 
funds,  or  in  bank,  insurance  or  manufacturing  stocks,  in  the 
manner  they  shall  deem  most  for  the  advantage  of  all  con- 
cerned, and  thereof  they  shall  take  certificates,  declaring  that 
they  hold  the  same  in  trust  ;  and  periodically,  as  interest  or 
dividends  shall  become  payable,  and  be  paid,  they  shall  invest 
the  same  in  the  like  manner,  as  they  shall  all  and  whatso- 
ever property  shall  come  into  their  hands  under  and  by  force 
of  this  settlement,  for  account  of  the  said  C.  D.     Provided 
however,  that  if  the  said  C.  D.  shall  prefer  it,  the  said  E.  F. 
&c,  shall  pay  any  part,  or  all  of  the  income  of  such  invest- 
ments, from  time  to  time,  into  the  hands  of  said  C.  D.  to  be 
disposed  of  as  she  shall  please,  they  taking  her  personal  re- 
ceipt therefor,  instead  of  so  investing  the  same  as  aforesaid. 
And  the  said  A.  B.  in  consideration  of  the  premises,  does 
hereby  consent  to  and  approve  of  the  grant  of  said,  sum  as 
aforesaid  by  the  said  C.  D.  and  of  all  the  trusts,  covenants 
and  conditions  herein  provided.     And  farther  he  does  cove- 
nant with  the  said  E.  F.  &c,  that  he  will  from  time  to  time, 
and  at  all  times  during  the  continuance  of  this  trust,  grant, 
convey,  assign  and  deliver  to  them  all  and  singular  the  per- 
sonal property,  and  choses  in  action,  which  may  come  into 
his  hands,  or  under  his  control  in  the  right  of  said  C.  D.  by 
inheritance,  bequest,  donation  or  otherwise,  to  be  by  them 
held,  appropriated  and  managed,  both  as  to  the  principal  and 
interest  thereof,  in  the  same  manner  as  is  herein  provided  for 
the  money  herein  before  granted.     And  the  said  A.  B.  and 
C.  D.  do  covenant,  that  if  at  any  time  after  said  marriage 
shall  be  solemnized,  and  during  its  continuance,  any  real  es- 
tate shall  accrue  to  said  C.  D.  by  inheritance,  devise,  grant, 
gift  or  otherwise,  thereupon,  forthwith,  they  will  demise  the 
same  to  the  said  E.  F.  &c,  to  hold  for  and  during  the  joint 
lives  of  the  said  A.  B.  and  C.  D.  on  the  terms  and  conditions 
that  'they  the  said  E.  F.   &c,  shall  manage,  keep  in  order, 
take  care  of,  and  underlet  the  same,  and  invest  and  apply  the 


308  SETTLEMENT. 

income  thereof  in  the  same  manner  that  is  provided  for  their 
investing  and  applying  the  said  ten  thousand  dollars  and  the 
income  thereof. 

And  the  said  E.  F.,  G.  H.,  and  I.  J.,  in  consideration 
of  the  premises,  and  of  their  desire  to  serve  and  oblige  the 
said  A.  B.  and  C.  D.,  do  hereby  for  themselves,  and  the 
survivor  of  them,  and  the  executors  and  administrators  of  such 
survivor  accept  the  said  trust,  and  the  grants  and  demises 
herein  made  and  provided  to  be  made,  upon  the  terms  and 
conditions  herein  expressed;  and  covenant  that  they  will  truly 
and  faithfully  perform  and  execute  all  and  singular  the  said 
trusts,  in  the  manner  that  they  shall  deem  most  for  the  ad- 
vantage of  all  concerned:  That  they  will  keep  true  and  plain 
accounts  of  their  doings  in  the  premises,  and  from  time  to 
time,  on  reasonable  demand,  that  they  will  furnish  true  copies 
of  such  their  accounts  to  each  of  them,  the  said  A.  B.  and 
C.  D.,  and  to  their  respective  executors  and  administrators  ; 
that  they,  the  said  E.  F.  &c,  will  not  waste,  injure  or  convert 
to  their  own  use,  or  suffer  to  be  wasted,  injured  or  convert- 
ed to  their  own  use,  any  of  the  property  conveyed  or  herein 
provided  to  be  conveyed  to  them  in  trust,  or  the  income  or 
proceeds  thereof.  And  that  at  the  termination  of  this  trust 
they  will  assign  and  deliver  all  the  funds,  stocks,  choses  in 
action,  and  property  which  they  may  so  hold  in  trust,  to  the 
said  C.  D.  and  her  assigns,  if  she  shall  then  be  living.  And 
if  she  shall  then  have  deceased,  to  her  heirs,  devisees,  do- 
nees, executors  and  administrators,  as  they  may  respectively 
be  entitled  thereto. 

And  it  is  farther  agreed  by  all  the  parties  hereto,  that  the 
said  E.  F.  &«,  shall  reserve  out  of  said  income  reasonable 
sums,  to  pay  them  for  the  mahagement  of  this  trust,  and  to 
reimburse  them  for  all  the  charges  and  expenses  the  same 
concerning:  And  that  they  may  at  their  pleasure  at  any  and 
all  times,  sell  and  re-invest,  or  exchange  any  and  all  the 
funds,  stocks  and  personal  property  which  they  may  hold  un- 
der and  by  force  of  this  settlement.  And  it  is  farther  provid- 
ed that  if  said  marriage  shall  not  be  solemnized,  and  upon 
a  declaration  to  that  effect,  by  either  the  said  A.  B.  or  C.  D. 
thereupon  this  settlement  and  all  the  provisions  thereof  shall 
become  void,  and  the  property  granted  by  said  C.  D.  sball  be 
restored  to  her. 

In  testimony  of  all  which  the  parties,  &c. 


USES  A.\D  TRUSTS.  309 


USES  AND  TRUSTS. 

[1]     Declaration  of  Trusts  of  purchase  money,  made  by  the 
Trustee. 

To  all  people,  &c,  I,  A.  B.  &c,  [as  described  in  the  pur- 
chase deed,]  send  greeting  :  Whereas  by  Indenture  of,  &c, 
bearing  date,  <Scc,  made  between  C.  D.  of,  &c,  [as  described 
in  flic  deed,]  of  the  one  part,  and  me  the  said  A.  B.  of  the 
other  part,  he  the  said  C.  D.  for  and  in  consideration  of 
therein  mentioned  to  be  paid  to  him  by  me  the 
said  A.  B.  has  granted,  and  did  grant,  &c,  all  that,  &c,  to 
hold  the  same  to  me  the  said  A.  B.  my,  &c,  for,  &c,  which 
said  premises  were  heretofore  the  estate  of  [or  in  the  pos- 
session of]  Y.  Z.  of,  [the  deed  must  lead  to  this  recital.] 
Now  know  ye  that  I,  the  said  A.  B.  do'  hereby  acknowl- 
edge, testify  and  declare,  that  the  sum  of  above 
mentioned  to  be  paid  to  the  said  C.  D.  by  me  the  said  A.  B. 
as  aforesaid,  was  and  is  the  proper  money  of  E.  F.  of,  &c, 
and  that  the  name  of  me  the  said  A.  B.  in  the  said  indenture 
of,  &c,  is  used  only  in  trust  for  him  the  said  E.  F.  his,  &c, 
and  that  I  and  my  heirs,  &c,  shall  at  all  times  hereafter, 
upon  the  request,  and  at  the  cost  and  charge  of  the  said  E.  F. 
convey  and  assure  unto  him  the  said  E.  F.  his,  &c,  by  a 
good  quitclaim  deed,  warranting  against  all  claiming  under 
me,  the  said  premises  so  bargained  and  sold  to  me  by  the 
said  C.  D.  and  all  the  interest  therein  that  he  so  conveyed 
to  me. 

In  witness  whereof,  &c. 


[2]     A  declaration  of  Trust  of  a  bond  and  indenture  of 
Mortgage,  made  by  a  Trustee. 

To  all  persons  to  whom  these  presents  shall  come,  A.  B. 
of,  &c,  sends  greeting:  Whereas,  &c,  [recite  the  bond  and 
mortgage.]  Now  therefore  know  ye  that  the  said  A.  B.  does 
hereby  acknowledge,  testify  and  declare,  that  the  said  prin- 
cipal sum  of  so  secured  by  the  said  bond  and  deed 
of  mortgage,  was  not  the  proper  money  of  him  the  said  A.  B. ; 
but  that  the  same  was  and  is  the  proper  money  of  E.  F.  of, 


310  USES  AND  TRUSTS. 

&c ;  and  that  his  the  said  A.  B.'s  name  inserted  as  obligee 
in  said  bond  and  grantee  in  said  deed  of  mortgage,  was  so 
inserted  and  used,  as  to  the  said  principal  sum  and  the  inter- 
est that  shall  accrue  and  grow  due  thereon,  in  trust  for  the 
said  E.  F.  and  his  legal  representatives.  And  farther,  that 
the  said  A.  B.  on  the  request,  and  at  the  charge  of  the  said 
E.  F.  and  his  legal  representatives,  shall  and  will  assign  the 
said  bond  and  deed  of  mortgage  to  him  the  said  E.  F.  or  his 
legal  representatives,  without  any  consideration  therefor,  as 
he  and  they  shall  direct  or  appoint. 
In  testimony  whereof,  &.c. 


{3]     A  declaration  that  a  man's  name  is  used  in  trust  in  a 
bond  made  by  a  trustee. 

Whereas  in  and  by  an  obligation,  bearing  even  date  with 
these  presents,  C.  D.  of,  &c,  stands  bound  and  obliged  to 
me,  A.  B.  of,  &c,  in  the  sum  of  one  thousand  dollars,  con- 
ditioned for  the  payment  of  five  hundred  dollars,  with  interest, 
in  one  year  from  the  date  hereof,  as  in  and  by  said  obligation 
appears.  Now  know  all  men  by  these  presents,  that  I  the 
said  A.  B.  do  hereby  acknowledge  and  declare,  that  the  said 
sum  of  five  hundred  dollars,  loaned  upon  said  obligation,  was 
the  proper  money  of  E.  F.  of,  &c,  and  not  of  me  the  said 
A.  B.  And  that  the  name  of  me  the  said  A.  B.  was  used 
and  inserted  as  obligee  in  said  obligation,  only  as  trustee, 
and  in  trust  and  for  the  use  and  benefit  of  him  the  said  E.  F. 
[A  power  of  attorney  may  be  inserted  from  A.  B.  to  E.  F. 
to  receive  the  money,  and  a  covenant  that  A.  B.  will  not 
discharge  the  bond,  or  do  any  thing  to  prevent  E.  F.from 
receiving  the  amount.] 

In  witness  whereof,  &c. 


£4]     A  deed,  to  declare  articles  to  be  an  escrow,  made  by 
the  parties. 

"To  all  persons,  &c.  We  whose  names  are  hereunto  set 
and  subscribed,  send  greeting  :  Whereas  we  have  signed 
and  sealed  certain  articles  of  agreement,  bearing  even  date 
herewith,  and  executed  immediately  before  these  presents, 


USES    AND    TRUSTS.  311 

made  between  A.  B.  of,  &c,  of  the  one  part,  and  C.  D.  of, 
&c,  of  the  other  part,  for  the  several  intents  and  purposes 
therein  named,  as  by  reference  to  them  will  appear.  Now 
know  ye  that  it  is  expressly  declared  and  agreed  by  and  be- 
tween all  the  parties  to  said  articles,  that  at  the  time  of  our 
respective  signing  and  sealing  of  the  same,  it  was,  and  is, 
our  intent  and  meaning,  that  the  same  were,  and  should  re- 
main and  be,  only  as  an  escrow,  and  not  as  our  deed,  to 
bind  or  oblige  us,  or  either  of  us,  or  any  or  either  of  our 
legal  representatives,  until  such  time  as  we  or  our  legal 
representatives  shall  agree  to  cancel  this  present  deed  or 
agreement,  anything  in  the  said  articles  to  the  contrary 
notwithstanding. 

Tn  witness  whereof,  &c. 


[5]      Jl  deed  to  declare  that  several  securities  were  for  the 
same  debt  ;  made  by  the  creditor. 

Whereas  C.  D.  of,  &c,  did  take  up  and  borrow  of  A.  B. 
of,  &-c,  the  sum  of  and  for  securing  the  payment 

thereof  the  said  C.  D.  assigned  and  transferred  to  the  said 
A.  B.  on  the  day  of  the  date  hereof  certain  stock  \jiere 
describe  it.~\  And  also  on  this  same  day  the  said  C.  D.  as 
principal  together  with  O.  P.  of,  <fcc,  as  his  surety,  made 
and  entered  into  a  bond  to  the  said  A.  B.  in  the  penal  sum 
of  conditioned  to  pay  in  one  year  the  said  sum  of 

borrowed  and  taken  up  as  aforesaid,  with  interest 
thereon.  Now  know  all  men  by  these  presents,  that  the 
said  A.  B.  does  declare  and  acknowledge  that  the  said 
bond,  and  the  said  stock  so  by  said  C.  D.  assigned  to  him 
the  said  A.  B.  are  and  both  of  them  do  stand  as  security, 
and  only  as  security  to  the  said  A.  B.  for  the  payment  of 
the  said  sum  of  so  borrowed  and  taken  up  by  said 

C.  D.  of  and  from  the  said  A.  B.  with  the  interest  thereon. 

In  witness  whereof,  &c. 


[6J  Declaration  of  Trust  of  Stock. 

Memorandum.     I,  A.  B.  of,  &c,  do  hereby  acknowledge 
and  declare,  that  I  am  possessed  of  ten  shares  in  the  capital 


312  WILLS. 

stock  of  the  company,  numbered  from  101  to  110, 

inclusive,  and  that  the  same  was  transferred  to  me  in  trust, 
for  the  only  use,  benefit  and  advantage  of  O.  P.  of,  &c,  and 
his  legal  representatives  :  and  that  the  same  stock  was  pur- 
chased with  money  which  belonged  solely  to  said  O.  P. 
and  that  the  certificate  of  said  shares  of  said  stock  were 
taken  in  the  name  of  me  the  said  A.  B.  from  motives  of 
temporary  convenience  ;  and  that  the  said  stock  and  all 
dividends,  and  advantages  accruing  thereon,  are  and  shall 
be  held  by  me  and  my  legal  representatives,  only  for  the 
convenience,  use,  benefit  and  advantage  of  him  the  said 
O.  P.  and  his  legal  representatives  ;  and  on  demand  from 
him  or  them  I  will,  and  my  legal  representatives  shall  assign 
the  same  to  him  or  them,  and  account  to  and  pay  over  to 
him  or  them  all  dividends  and  profits  that  shall  by  me  or 
them  have  been  received  thereon. 
In  witness  whereof,  &c. 


WILLS. 

Remarks.  Whoever  undertakes  to  write  a  last  Will  and 
Testament  should  be  intimately  acquainted  with  the  laws  of 
inheritance,  and  the  statutes  of  distribution  in  the  state 
where  the  testator  lives,  and  the  states  where  the  property 
intended  to  be  disposed  of  by  the  will  lies. 

The  want  of  such  knowledge  often  results  in  making 
Wills,  which  substantially  defeat,  instead  of  giving  effect  to 
the  desires  and  intentions  of  the  testator. 

A  few  general  rules,  applicable  to  all  places  where  the 
common  law  prevails,  may  be  useful. 

A  devise  in  general  terms,  as,  '  I  devise  my  dwelling- 
house  to  A.,'  without  adding,  '  and  his  heirs,'  would  only 
give  to  A.  a  life  estate,  unless  from  the  language  of  some 
other  part  of  the  will  it  was  manifest  that  the  testator  in- 
tended to  give  a  greater  interest  in  the  house  than  a  life 
estate. 

The  heir  at  law  cannot  be  disinherited  by  a  will,  unless 
by  express  terms  in  the  will,  showing  such  an  intention  in 
the  testator.  It  is  therefore  generally  necessary  to  mention 
in  the  will  every  person,  or  family  wht>  would  be  entitled  to 
share  in  the  inheritance  if  there  were  no  will.  And  this 


WILLS.  313 

may  be  done  where  the  testator  intends  to  disinherit  them, 
by  naming  each  of  them,  and  declaring  that  he  shall  give 
them  nothing,  with  the  reasons  of  such  decision,  or  by  giving 
each  of  them  a  dollar,  or  some  nominal  sum. 

If  a  testator  give  a  share  of  his  personal  estate  to  B. 
without  adding  '  to  his  heirs,  &c,'  if  B.  survive  the  testator 
he  will  have  an  absolute  title  to  the  bequest,  and  it  will 
descend  to  his  executors,  &c.  But  if  B.  die  before  the  tes- 
tator such  legacy  is  lapsed,  and  B.'s  heirs  and  executors, 
&c,  can  maintain  no  title  to  it. 

It  is  therefore  expedient  in  all  cases,  where  the  testator 
intends  to  give  the  whole  estate,  and  not  merely  a  life 
estate,  to  make  the  devise  or  bequest  to  the  object  of  his 
bounty,  and  to  his  heirs,  &c. 

A  will,  purporting  to  devise  and  bequeath  all  the  testa- 
tor's estates,  will  be  good  to  convey  all  the  personal  estate 
he  may  leave,  although  a  part  of  it  was  acquired  after  the 
making  of  the  will.  But  it  will  only  convey  such  real 
estate  as  he  was  entitled  to  at  the  time  he  made  the  will, 
and  if  after  making  the  will  he  acquires  other  real  estates 
by  purchase  or  inheritance,  such  estates  will  not  pass  by 
his  last  Will  and  Testament,  but  will  descend  to  his  heirs 
at  law. 


[1]     A  general  form  for  disposing  of  both  real  and  per- 
sonal estate. 

In  the  name  of  God,  Amen.  I,  A.  B.  of,  &c,  being  in 
good  bodily  health,  and  of  sound  and  disposing  mind  and 
memory,  calling  to  mind  the  frailty  and  uncertainty  of  hu- 
man life,  and  being  desirous  of  settling  my  worldly  affairs, 
and  directing  how  the  estates  with  whicli  it  has  pleased  God 
to  bless  me  shall  be  disposed  of  after  my  decease,  while  I 
have  strength  and  capacity  so  to  do,  do  make  and  publish 
this  my  last  Will  and  Testament,  hereby  revoking  and 
making  null  and  void  all  other  last  Wills  and  Testaments 
by  me  heretofore  made.  And  first  I  commend  my  immor- 
tal being  to  him  who  gave  it,  and  my  body  to  the  earth, 
to  be  buried  with  little  expense  or  ostentation,  by  my  execu- 
tors hereinafter  named. 

And  as  to  my  worldly  estate,  and  all  the  property,  real, 
28 


314  WILLS. 

personal  or  mixed,  of  which  I  shall  die  seized  and  possess- 
ed, or  to  which  I  shall  be  entitled  at  the  time  of  my  decease, 
I  devise,  bequeath,  and  dispose  thereof  in  the  manner  fol- 
lowing, to  wit : 

Imprimis.  My  Will  is  that  all  my  just  debts  and  funeral 
charges  shall  by  my  executors  hereinafter  named,  be  paid  out 
of  my  estate,  as  soon  after  my  decease  as  shall  by  them  be 
found  convenient. 

Item.  I  give,  devise  and  bequeath  to  my  beloved  wife, 
C.  B.  all  my  household  furniture,  and  my  library  in  my 
mansion  or  dwelling-house,  my  pair  of  horses,  coach  and 
chaise,  and  their  harnesses  ;  and  also  fifteen  thousand  dollars 
in  money,  to  be  paid  to  her  by  my  executors  hereinafter 
named,  within  six  months  after  my  decease.  To  have  and  to 
hold  the  same  to  her,  and  her  executors,  administrators  and 
assigns  for  ever.  I  also  give  to  her  the  use,  improvement 
and  income  of  my  dwelling-house,  and  its  appurtenances, 
situated  in  ,  my  warehouse,  situated  in  , 

and  my  wharf  situated  in  ,  and  called  wharf. 

To  have  and  to  hold  the  same  to  her  for  and  during  her 
natural  life. 

Item.  I  give  and  bequeath  to  my  honoured  mother, 
O.  B.  two  thousand  dollars,  in  money,  to  be  paid  to  her  by 
my  executors  hereinafter  named  within  six  months  after  my 
decease,  to  be  for  the  sole  use  of  herself,  her  heirs,  execu- 
tors, administrators  and  assigns. 

Item.  I  give  and  bequeath  to  my  daughter  D.  B.  my 
fifty  shares  of  the  stock  of  the  President,  Directors  and 
Company  of  the  Bank,  which  are  of  the  par  value  of 

five  thousand  dollars,  my  fifty  shares  in  the  stock  of  the 
Insurance  Company,  which  are  of  the  par  value 
of  five  thousand  dollars,  and  my  ten  shares  of  the  stock  of 
the  Manufacturing  Company,  which  are  of  the 

par  value  of  ten  thousand  dollars.  To  have  and  to  hold  the 
same,  together  with  all.  the  profit  and  income  thereof  to  her 
the  said  D.  B.,  her  heirs,  executors,  administrators  and 
assigns,  to  her  and  their  use  and  benefit  forever. 

Item.  I  give,  devise  and  bequeath  to  my  son,  £.  B. 
the  reversion  or  remainder  of  my  dwelling  or  mansion  house 
situated  in  and  its  appurtenances,  and  all  profit, 

income  and  advantage  that  may  result  therefrom,  from  and 
after  the  decease  of  my  beloved  wife  C.  B.  To  have  and 
to  hold  the  same  to  him  the  said  £.  B.  his  heirs  and  assigns, 


WILLS.  315 

from  and  after  the  decease  of  my  said  wife,  to  his  and  their 
use  and  behoof  forever. 

Item.  I  give,  devise,  and  bequeath,  to  my  son  F.  B., 
the  reversion  or  remainder  of  my  warehouse,  situated  in 
,  and  its  appurtenances,  and  all  the  profit,  income, 
and  advantage,  that  may  result  therefrom,  from  and  after  the 
decease  of  my  beloved  wife,  C.  B.  To  have  and  to  hold 
the  same  to  the  said  F.  B.,  his  heirs  and  assigns,  from  and 
after  the  decease  of  my  said  wife,  to  his  and  their  use  and 
behoof  forever. 

Item.  I  give,  devise,  and  bequeath  to  my  son  G.  B.,  the 
reversion  or  remainder  of  my  wharf,  situated  in  , 

called  wharf,  and  its  appurtenances,  and  all  the 

profit,  income,  and  advantage,  that  may  result  therefrom, 
from  and  after  the  decease  of  my  beloved  wife,  C.  B.  To 
have  and  to  bold  the  same  to  the  said  G.  B.,  his  heirs  and 
assigns,  from  and  after  the  decease  of  my  said  wife,  to  his 
and  their  use  and  behoof  forever. 

Item.  All  the  rest  and  residue  of  my  estate,  real,  per- 
sonal,  or  mixed,  of  which  I  shall  die  seized  and  possessed, 
or  to  which  I  shall  be  entitled  at  the  time  of  my  decease,  I 
give,  devise,  and  bequeath,  to  be  equally  divided  to  and 
among  my  said  sons,  E.  B.,  F.  B.,  and  G.  B.,  and 

Lastly.  I  do  nominate  and  appoint  my  said  sons,  E.  B., 
F.  B.,  and  G.  B.,  to  be  the  executors  of  this  my  last  will 
and  testament 

In  testimony  whereof,  I,  the  said  A.  B.,  have  to  this  my 
last  will  and  testament,  contained  on  three  sheets  of  paper, 
and  to  every  sheet  thereof,  subscribed  my  name,  and 
to  this  the  last  sheet  thereof,  I  have  here  subscribed  my 
name  and  affixed  my  seal,  this  first  day  of  May,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-two. 

A    13      L.I 

Signed,  sealed,  and  declared  by  the  said 
A.  B.,  to  be  his  last  will  and  testa- 
ment, in  presence  of  us,  who  at  his 
request  and  in  his  presence,  have  sub- 
scribed our  names  as  witnesses  here- 
to. U.  V. 
W.X. 
Y.  Z. 


316 


[2]     Another  general  Form  for  disposing  of  Estates,  real 
and  personal. 

In  the  name  of  God.  Amen.  I,  A.  B.,  of,  &c,  being 
sick  and  weak  of  body,  but  of  sound  and  disposing  mind, 
memory  and  understanding,  considering  the  certainty  of 
death,  and  the  uncertainty  of  the  time  thereof,  to  the  end 
that  I  may  be  the  better  prepared  to  leave  this  world  when 
it  shall  please  my  God  to  call  me  hence,  have  now  deter- 
mined to  direct  what  disposition  shall  be  made  of  my  pro- 
perty after  my  decease;  and  after  maturely  considering  the 
circumstances  and  condition  of  all  those  among  whom,  as  my 
heirs  at  law,  or  the  objects  of  my  gratitude  or  affection,  in 
my  judgment  my  estate  should  be  distributed,  I  do  make, 
publish,  and  declare  this  to  be  my  last  will  and  testament; 
hereby  revoking  and  making  null  and  void  all  former  last 
wills  and  testaments,  and  writings  in  the  nature  of  last  wills 
and  testaments  by  me  heretofore  made. 

And  my  will  is  —  first,  that  after  my  decease,  my  body 
shall  be  decently  buried,  without  ostentation  or  unnecessary 
expense;  and  that  my  funeral  charges  and  just  debts  shall 
be  paid  by  my  executor  hereinafter  named. 

And  as  to  the  residue  of  my  estate  and  property  with 
which  God  has  blessed  me,  and  which  shall  not  be  required 
for  the  payment  of  my  debts,  funeral  charges,  and  the  ex- 
penses in  and  about  the  execution  of  this  my  will,  and 
the  administration  of  my  estate,  I  give,  devise,  and  dispose 
thereof  as  follows,  to  wit:  —  I  give  and  devise  to  my  be- 
loved wife,  C.  B.,  all  my  plate,  my  household  furniture,  my 
pew  in  meeting-house,  and  the  sum  often  thousand 

dollars,  to  be  paid  to  her  in  sixty  days  after  my  decease,  by 
my  executor  hereinafter  named,  to  have  and  to  hold  the 
same  to  her  and  her  heirs,  executors,  and  administrators,  to 
her  and  their  use  and  behoof  forever:  Also,  the  use  of  my 
dwelling-house,  situated  in  ,  where  I  now  reside, 

to  have  and  to  hold  the  same  for  and  during  her  natural  life. 
I  give  and  bequeath  to  my  daughter,  O.  B.,  fifteen  thous- 
and dollars,  to  be  paid  to  her  by  my  executor  hereinafter 
named  within  six  months  after  my  decease,  to  have  and  to 
hold  the  same  to  her,  and  her  executors,  administrators,  and 
assigns,  to  her  and  their  use  and  behoof  forever. 

I  give  and  bequeath  to  my  friend  Y.  Z.,  of,  8tc,  one 


WILLS.  317 

thousand  dollars,  as  a  token  of  my  gratitude  to  him  for  the 
many  valuable  services  which  he  has  rendered  to  me  and  my 
family  at  various  times,  to  be  paid  to  him  by  my  executor 
herein  after  named  within  one  year  after  my  decease,  to 
have  and  to  hold  the  same  to  him,  his  executors,  administra- 
tors, and  assigns,  to  his  and  their  use  and  behoof  forever. 

I  give  and  bequeath  to  R.  S.,  son  of  my  friend  W.  S.,  of, 
&c,  in  token  of  my  affection  for  him,  five  hundred  dollars, 
to  be  paid  to  him  by  my  executor  herein  after  named,  within 
one  year  after  my  decease,  to  have  and  to  hold  the  same  to 
him  the  said  R.  S.,  his  executors,  administrators,  and  as- 
signs, to  his  and  their  use  and  behoof  forever. 

I  give,  devise,  and  bequeath  all  the  rest  and  residue  of 
nay  estate,  real,  personal,  and  mixed,  of  which  I  shall  be 
seized  and  possessed,  or  to  which  I  shall  be  entitled  at  the 
time  of  my  decease,  to  my  only  son  D.  B.,  to  have  and  to 
hold  the  same  to  him,  and  his  heirs,  executors,  administra- 
tors, and  assigns,  to  his  and  their  use  and  behoof  forever. 
And  I  do  nominate  and  appoint  my  said  son  D.  B.3  to  be 
the  sole  executor  of  this  my  last  will  and  testament. 
In  testimony  whereof,  Stc. 


[3]  A  Short  Form. 

I,  A.  B.,  of,  Stc,  do  make,  publish,  and  declare,  this  as 
and  for  my  last  will  and  testament,  hereby  revoking  all  former 
wills  by  me  made. 

My  will  is  —  That  my  body  be  decently  buried,  and  that 
my  just  debts  and  funeral  charges  shall  be  paid  by  my  ex- 
ecutor herein  after  named.  And  my  will  is,  that  my  execu- 
tor herein  after  named,  shall  forthwith,  after  my  decease, 
sell  and  dispose  of  at  public  auction,  for  money,  all  the  pro- 
perty, real,  personal,  and  mixed,  that  I  shall  leave.  And  I 
give  him  ample  power  and  authority  so  to  do,  and  to  execute 
and  deliver  deeds  for  the  conveyance  thereof.  And  out  of 
the  net  avails  of  my  estates  that  shall  remain  in  the  hands  of 
my  said  executor,  after  paying  my  just  debts  and  funeral 
charges, 

1  give  and  bequeath  to  O.  P.,  of,  &c,  one  hundred  dol- 
lars. 

28* 


31 8  WILLS. 

I  give  and  bequeath  to  M.  N.,  of,  &,c,  five  hundred  dol- 
lars. 

I  give  and  bequeath  to  my  niece  K.  L.,  of,&c,  one  thous- 
and dollars. 

I  give  and  bequeath  to  Y.  Z.,  of,  &c,  my  executor  here- 
inafter named,  to  compensate  him  for  executing  this  will,  five 
hundred  dollars. 

And  of  all  the  rest  and  residue  of  my  estates,  real,  per- 
sonal, and  mixed,  and  the  proceeds  thereof,  I  give,  devise, 
and  bequeath  — 

One-third  part  thereof  to  my  beloved  wife,  C.  B. 

One-sixth  part  thereof  to  my  son,  D.  B. 

One-sixth  part  thereof  to  my  son,  E.  B. 

One-sixth  part  thereof  to  my  daughter  F.  B.,  and 

One-sixth  part  thereof  to  my  daughter  G.  B. 

To  have  and  to  hold  to  them,  my  said  wife  and  children 
respectively,  and  to  their  respective  heirs,  executors,  ad- 
ministrators, and  assigns,  their  several  and  respective  shares 
as  aforesaid,  to  their  several  and  respective  use  and  behoof 
forever. 

And  I  do  nominate  and  appoint  my  friend,  the  said  Y.  Z., 
to  be  the  sole  executor  of  this  ray  last  will  and  testament. 

In  witness  whereof,  &c. 


[4]     A  Seaman's  Will,  to  be  endorsed  on  a  power  of  attorney 
to  his  Wife. 

In  the  name  of  God.     Amen.     I,  A.  B. ,  of  , 

seaman,  being  in  good  health,  and  of  sound  and  disposing 
mind  and  memory,  but  being  about  to  expose  myself  to  the 
perils  and  dangers  of  the  seas;  for  the  purpose  of  protecting 
my  wife,  C.  B.,  and  avoiding  difficulties  to  her  in  case  of 
my  decease,  do  make,  publish,  nnd  declare  this  as  and  for 
my  last  will  and  testament,  hereby  revoking  all  former  last 
wills  and  testaments  by  me  made.  And,  first,  I  commit  my 
soul  to  my  God,  who  created  it,  and  my  body  to  the  ocean 
or  the  earth,  as  in  his  providence  he  shall  order.  And  as 
to  all  my  worldly  estate,  real,  personal,  and  mixed,  if  I  shall 
cave  more  than  enough  to  pay  my  just  debts,  I  give,  devise, 
and  bequeath  the  same,  and  all  of  it,  to  my  beloved  wife  C. 
B.,  to  have  and  to  hold  the  same  to  my  said  wife,  her  heirs. 


WILLS.  319 

executors,  administrators,  and  assigns,  to  her  and  their  use 
and  behoof  forever.  But  this  devise  and  bequest  is  made  on 
the  condition,  that  my  said  wife  shall  share  and  divide  the 
estates  hereby  demised  and  bequeathed  to  her,  between  her- 
self, and  my  present  children  by  her,  and  all  the  children 
that  she  may  hereafter  bear  by  me,  in  the  same  manner  that 
the  laws  of  the  State  would  distribute  the  same  between  her 
and  them,  if  I  had  made  no  will,  and  no  other  person  had  any 
claim  thereto.  And  I  do  nominate  and  appoint  my  said  wife 
to  be  the  sole  executrix  of  this  my  last  will  and  testament  ; 
and  I  do  hereby  authorize  and  empower  her,  at  public  or 
private  sale,  in  her  discretion,  to  sell,  and  execute  and  deliver 
deeds  to  convey  any  and  all  the  real  estates  that  I  shah1  leave. 
In  testimony  whereof,  &c. 


[5]  Nuncupative  Will. 

The  will  of  A.  B.,  of,  &c,  made  and  declared  by  him  on, 
the  day  of  ,  in  the  presence  of  us,  who 

have  hereunto  subscribed  our  names  as  witnesses,  my  will  is 
&c  [proceed  to  state  all  the  provisions  of  the  will.] 


[6]  Another  Form. 

Memorandum.     On  or  about  the  day  of  ,  in 

the  year  of  our  Lord,  &c,  A.  B.,  of,  &c,  being  of  sound 
mind,  and  sick  and  very  weak  in  body,  of  the  sickness  whereof 
he  died  on  or  about  the  day  of  following,  did  at, 

&c,  make  and  declare  his  last  will  and  testament,  nuncupative, 
in  the  words  following,  or  in  the  like  words,  to  wit,  l  I  give, 
&c,  [name  each  legacy  and  bequest,]  and  the  residue  of  my 
estate  I  give  to  A.  B.,  of,  <fcc,  and  1  make  the  said  A.  B., 
my  executor.'  These  words,  or  the  like  words  the  said  tes- 
tator at  the  time  aforesaid  declared,  in  presence  of  us,  the 
witnesses  whose  names  are  hereto  subscribed :  and  he  at  the 
same  time  declared,  that  he  intended  that  the  same  should 
be  and  avail  as  and  for  his  last  will  and  testament,  of  which 
he  desired  us  to  take  notice,  that  we  might  be  witnesses 
thereto.  In  testimony  whereof,  &c. 

C.  D. 

E.  F.,  &c. 


320 


[7]     A   Codicil,  annexed  to,  or  endorsed  on  the  back  of  a 
Will. 

I,  A.  B.,  named  as  the  testator  in  the  will  to  which  this 
is  annexed,  [or  within  named,]  do  hereby  make  this  present 
codicil,  which  I  do  order  and  direct  shall  be  taken  as  a  part 
of  my  annexed,  [or  within]  last  will  and  testament,  and 
which  will,  in  all  respects,  excepting  wherein  it  is  altered  or 
changed  by  this  codicil,  I  do  hereby  republish  and  affirm. 

I  give  and  bequeath  to  my  grandson  O.  P.,  son  of  my 
daughter  ,  who  intermarried  with  S.  P.,  the  sum 

of  .     And  whereas  my  eldest  son  D.  B.,  since  my 

making  my   last  will  and  testament,    has    died,  leaving  a 
widow  and  one  son,  [here  state  all  the  changes  desired  re- 
specting D.  B.'s  devise  or  legacy,  and  so  all  other  change* , 
revocaions,  or  additions.] 
In  testimony  whereof,  &c. 


[8]      Various  conclusions  to  Wills,  or   Codicils,  the  neces- 
sary words  being  changed. 

In  witness  whereof,  I,  the  said  A.  B.,  have  to  this  my 
last  will  and  testament,  contained  on  sheets  of  paper, 

and  at  the  close  of  every  sheet  thereof,  set  my  hand  and 
seal,  this  day  of,  &c.  A.  B.     L.  s. 

Or  thus.  In  witness  whereof,  I,  the  said  A.  B.,  have  on 
the  day  first  herein  before  mentioned,  to  this  my  last  will  and 
testament,  contained  on  three  sheets  of  paper,  set  my  hand 
and  seal,  in  manner  following;  to  the  two  first  sheets  I  have 
subscribed  my  name,  and  to  the  last  sheet,  I  have  subscribed 
my  name  and  affixed  my  seal,  &c.  A.  B.  L.  s. 

Or  thus.     In  testimony  whereof,  I,  the  said  A.  B.,  have 
to  this  my  last  will  and  testament,  contained  on  five  sheets 
of  paper,  subscribed  my  name  to  each  of  them,  and  affixed 
my  seal  to  my  signature  to  the  fifth  sheet,  on  this 
day  of  ,  and  in  my  presence  and  by  my  direction, 

the  said  five  sheets  are  now  annexed  together,  and  I  declare 
their  contents  to  be  my  last  will  and  testament,  &c. 

A.  B.    L.  s. 


321 


[9]  Attestation  of  Wills. 

Signed,  sealed,  published,  and  declared  by  the  said  A.  B., 
as  and  for  his  last  will  and  testament,  in  presence  of  us,  who 
in  his  presence  and  at  his  request,  have  hereunto  subscribed 
our  names  as  witnesses.  U.  V. 

W.  X. 
Y.  Z. 

Or  tints.  Signed,  &c,  in  the  presence  of  three  several 
persons,  whose  names  hereunder  appear  as  witnesses.  And 
we  did  hereunder  subscribe  our  names  as  witnesses,  in  the 
presence  of  said  A.  B.  and  at  his  request,  he  at  the  same 
time  declaring  the  foregoing  instrument  to  be  his  last  will  and 
testament.  U.  V. 

W.X. 
Y.  Z. 

Note.  —  As  the  laws  of  many  of  the  States  require  three 
witnesses  to  make  a  will  valid  to  convey  real  estate,  it  is  ex- 
pedient to  have  three  witnesses  to  a  will  in  all  cases,  if  prac- 
ticable. 


322  MORTGAGE. 

[The  two  following  forms  on  Mortgage,  were,  by  accident,  omit- 
ted. They  should  have  been  inserted  on  page  26G.] 

[10]         Mortgage  of  a  Mortgage,  by  Indorsement, 

Know  all  men  by  these  presents,  that  I,  A.  B.  the  mort- 
gagee within  named,  for  and  in  consideration  of  the  sum  of 
One  Thousand  Dollars  to  me  paid  by  C.  D.  of,  &c,  at  and 
before  the  sealing  and  delivery  hereof,  the  receipt  whereof  is 
hereby  acknowledged,  have  bargained,  sold,  assigned,  and 
set  over,  and  by  these  presents  do  bargain,  sell,  assign  and 
set  over,  unto  the  said  C.  D.,  his  heirs,  executors,  admin- 
istrators and  assigns,  the  within  deed  of  mortgage,  and  all 
my  right  and  title  to  the  estate  therein  described  and  granted 
in  mortgage,  together  with  the  rights  and  appurtenances 
thereunto  belonging,  —  and  also  the  note  of  hand  given 
[here  describe  it,]  as  collateral  security  for  the  payment  of 
which  the  within  deed  of  mortgage  was  made. 

To  have  and  to  hold  all  and  singular,  the  hereby  granted 
and  assigned  premises,  to  him  the  said  C.  D.,  his  heirs,  ex- 
ecutors, administrators  and  assigns,  to  his  and  their  use  and 
behoof  forever;  subject  however  to  the  right  of  redemption 
of  Y.  Z.  the  within  named  mortgagor,  and  of  his  heirs,  ex- 
ecutors and  administrators. 

Provided  nevertheless,  That  if  I,  the  above  named  A.  B. 
or  my  executors  or  administrators,  shall  pay  to  the  said  C. 
D.,  his  executors,  administrators  or  assigns,  the  sum  of  One 
Thousand  Dollars,  with  interest,  within  one  year  from  the 
day  of  the  date  hereof,  then  this  deed  of  assignment  as  also 
a  certain  note  of  hand  of  even  date  herewith,  given  by  the 
said  A.  B.  to  the  said  C.  D.,  to  pay  the  same  sum  at  the 
time  aforesaid,  shall  both  be  void  ;  otherwise  they  shall  re- 
main in  full  force  and  virtue. 
In  witness  whereof,  &c. 


MORTGAGE. 


[11]     Mortgage  of  Bank,  (or  other)  Stock,  with  power  to 
sell  it,  on  condition  being  broken. 

Know  all  men  by  these  presents,  that  I,  A.  B.  of,  &c,  in 
consideration  of  One  Thousand  Dollars  to  me  paid  by  C.  D. 
of,  <fcc,  the  receipt  whereof  I  do  hereby  acknowledge,  do 
hereby  give,  grant,  sell  and  convey  unto  the  said  C.  D. 
Ten  shares  of  the  Capital  Stock  of  the  President,  Directors 
and  Company  of  the  Massachusetts  Bank,  numbered  Nine- 
ty-one to  One  hundred  inclusive,  which  said  stock  belongs 
to  me,  whereof  the  certificate  is  hereto  annexed. 

To  have  and  to  hold  the  same  to  him  the  said  C.  D.,  his 
executors,  administrators  and  assigns,  to  his  and  their  use 
and  behoof  forever.  —  And  I  do  covenant  with  the  said  C. 

Provided  nevertheless,  that  if  I,  the  said  A.  B.  or  my  ex- 
ecutors or  administrators,  shall  pay  to  the  said  C.  D.,  his 
executors,  administrators  or  assigns,  the  sum  of  One 
Thousand  Dollars  with  interest,  within  one  year  from  the 
day  of  the  date  hereof,  then  this  deed,  as  also  a  note  of  hand 
of  even  date  herewith,  given  by  the  said  A.  B.  to  the  said 
C.  D.,  for  the  payment  of  the  sum  aforesaid,  at  the  time 
aforesaid,  shall  both  be  void,  otherwise  they  shall  remain  in 
full  force  and  virtue. 

And  I,  the  said  A.  B.,  for  myself  and  rny  legal  representa- 
tives, do  constitute  and  appoint  the  said  C.  D.  and  his  legal 
representatives,  my  attorney  and  attorneys,  with  full  power 
to  sell  the  said  Ten  Shares  in  the  usual  mode  at  auction,  for 
the  purpose  of  obtaining  payment  for  the  said  note  of  hand 
for  one  thousand  dollars  with  interest,  provided  the  same 
shall  not  be  punctually  paid  at  maturity. 

In  testimony  whereof,  &c. 


INDEX. 


ABANDONMENT. 

Notice  of  13 

ACKNOWLEDGMENT. 

Certificate  of  13 

General  form  13 
A  shorter  form,  as  is  generally  used  in  Massachusetts,  &c      14 

By  two  or  more  14 

Where  a  deed  is  executed  by  an  attorney  14 

Where  the  seal  of  the  magistrate  is  by  law  required  15 

By  husband  and  wife  15 
A  shorter  form,  such  as  is  generally  used  in  New  England      16 

ADMINISTRATION    ACCOUNT. 

Form  in  Massachusetts  1(3 

General  form  of  administration  account  18 

AFFIDAVIT. 

General  form  19 

To  hold  to  bail  19 

AGREEMENT. 

For  the  sale  of  land  19 

For  building  a  house  20 

For  the  sale  of  an  estate  21 

For  building  a  house,  &c  22 

For  sale  of  an  estate  23 

For  sale  of  an  estate,  another  form  24 

To  be  signed  by  an  auctioneer  after  a  sale  at  auction  26 

To  be  signed  by  a  purchaser  after  a  sale  at  auction  26 

For  sale  of  goods  on  an  appraisement  26 

For  making  bricks  27 
Between  a  master  and  overseer  about  the  management  of 

a  farm  29 

Between  a  housekeeper  and  his  lodger  31 
For  the  sale  of  a  parcel  of  trees  growing,  and  liberty  to 

cut  them  down  and  carry  them  away,  &c  32 
For  letting  a  house  33 
For  the  purchase  of  cordwood,  &c  33 
Between  a  millwright  and  his  journeyman  34 
Between  a  master  and  journeyman,  or  hired  servant  35 
For  engaging  a  person  to  build  mills  at  weekly  wages  37 
For  performing  bricklayers'  and  plasterers'  work  in  build- 
ing a  house  38 
To  erect  buildings  and  do  other  work  39 


326  INDEX. 

AGREEMENT,  (Continued.) 

For  building  a  house  according  to  a  plan  annexed  41 
To  take  down  an  old  house,  and  build  a  new  one,  the 

builder  to  find  materials  42 

For  building  a  part  of  a  turnpike-road  43 
Between  a  master  shipwright  and  his  workmen,  for  build- 
ing a  ship,  &c 

For  making  a  quantity  of  shoes  46 

For  the  freight  of  a  ship  46 
To  bear  equal  charges  in  a  lawsuit  to  be  brought  for  the 

recovery  of  an  estate  47 
Between  several  to  pay  their  proportions  of  defending  law- 
suits, expected  to  be  brought  for  the  recovery  of  land  48 
To  take  and  hold  parts  of  a  ship  to  be  built,  and  pay  por- 
tions of  costs  and  outfit  48 
Between  a  merchant  and  his  book-keeper  49 
Between  a  ship-owner  and  a  surgeon  50 
For  providing  a  subscription-plate  to  be  run  for  51 
For  a  horse-race  53 
Annuity  (Table  of)  58—60 
Annuity,  value  of  (Table)  61 
APPOINTMENT. 

Of  a  guardian  by  a  minor  54 

Of  a  guardian  by  a  father  for  his  son  55 
ASSIGNMENT.      ' 

Of  dower  56 

another  form  56 
Wigglesworth's  tables  of  the  expectation  of  life 

St  Maur's  tables  of                           „                       „  60 

Table  of  proportion  of  persons  living  at  different  ages  60 
Table  showing  the  value  of  an  annuity  from  1  to  «3b  years      61 

Of  a  servant  62 

Of  a  copyright  in  a  book  62 

Of  letters  patent  for  the  sole  use  of  an  invention  63 

Of  a  bond,  by  endorsement  65 

A  shorter  form,  where  the  assignor  is  liable  65 

Another,  where  the  assignor  is  not  liable  66 

Of  a  bond  by  endorsement  66 

Another  short  form  66 

Special  form  of  the  same  (57 

another  67 
Of  a  bond  and  mortgage,  after  a  judgment  and  execution, 

and  part  satisfaction  of  the  debt  67 

Of  a  pension,  till  money  due  on  a  bond  be  paid  69 

Of  a  judgment  rendered  on  a  verdict  71 

Of  money  due  on  account  73 

Of  a  debt,  with  a  power  of  attorney  73 

Of  a  bond,  as  a  collateral  security  75 
Of  leasehold  premises  from  a  mortgagee  and  mortgagor, 

to  a  purchaser 

Of  shares  in  a  company  84 

Of  shares  of  stock  84 

Of  a  deed  85 

Of  a  lease  85 


INDEX.  327 

ASSIGNMENT,  (Continued.) 

Of  a  mortgage  86 
Of  indenture  of  apprenticeship 
General  form  by  endorsement 
Of  notes  of  hand  by  indenture 

Of  money  due  for  freight  of  a  ship  89 

Of  money  due  for  freight,  &c,  (another  form)  90 

Of  money  due  on  account,  (a  short  form)  90 
Of  a  policy  of  insurance,  by  endorsement 
Of  prize-money,  and  prizes  taken  at  sea 

Of  a  sailor's  wages  92 

Of  a  mortgage,  with  the  principal  security  92 

Of  a  debtor  to  trustees  for  the  benefit  of  his  creditors  93 

Of  a  debtor  to  a  trustee  for  creditors,  (a  short  form)  101 
AWARD. 

A  reference,  on  appointment  of  an  umpire  by  the  referees, 

and  an  award,  &c 

The  election  of  an  umpire  104 

The  award  105 

by  endorsement 

by  an  umpire  106 
Upon  a  rule  of  reference  made  at  the  trial  of  a  case 

An  award  by  two  arbitrators  108 

to  deliver  goods 

to  deliver  writings  109 

to  give  bond,  &c,  to  pay  money  109 

to  deliver  up  writings  to  be  cancelled  110 
By  referees  on  a  rule  of  court  on  reference  of  an  action        110 

another  form  110 

BILL. 

Single  111 

Penal  112 

Judgment  112 

BILLS  OF  EXCHANGE.  113, 114, 115, 116 

BILL  OF  SALE. 

Of  goods  117 
Of  goods  and  chattels  117— 118 
Of  a  certificate  of  manufacturing  or  other  stock  by  en- 
dorsement 118 
Of  a  registered  vessel  119 
Of  a  bill  of  gale  of  an  enrolled  ship,  &c  120 

BOND. 

Common  form  120 

From  two  to  one  121 

.From  three  to  three  122 

From  several,  male  and  female  122 

From  three  to  one  123 

From  one  to  two  123 

With  warrant  of  attorney  to  confess  judgment  124 

Without  penalty  —  or  a  single  bond  125 

A  bond  —  or  bill  of  credit  125 

Of  several  persons,  severally,  for  different  sums  126 


328  INDEX. 

BOND,  (Continued.) 

To  church  wardens  126 

From  an  incorporated  company  127 
A  short  power  to  be  incorporated  in  a  bond  at  pleasure          127 

BOND,  (Condition  of.) 

For  the  payment  of  money  at  different  times  127 

For  the  performance  of  covenants  128 

To  perform  an  award  128 

To  execute  a  conveyance  129 

To  permit  a  wife  to  make  a  will  130 

For  the  service  of  an  apprentice  130 

To  refund  a  legacy  in  certain  events  131 

Of  a  treasurer  of  a  company  132 

Of  bond  of  indemnity  —  to  a  surety  on  bond  132 

To  bail  on  a  bail  bond  133 

To  special  bail,  common  form  133 

To  a  surety  on  an  administration  bond  134 

To  an  executor,  on  payment  of  a  legacy  134 

To  save  harmless  —  on  paying  rent  135 

Against  a  claim  of  dower  135 

For  a  bond  mislaid,  or  lost  136 

To  a  town,  for  the  support  of  a  bastard  child  136 

To  refund  money,  on  the  failure  of  a  contract  137 

Of  a  bond  to  indemnify  on  the  payment  of  a  lost  note  138 

To  perform  an  award  138 
To  deliver  up  a  mill,  utensils,  &c,  at  the  termination  of 

a  lease,  in  good  repair,  &c  139 

For  the  fidelity  of  a  clerk  140 

On  a  person  being  chosen  treasurer  of  a  company  141 
From  master  of  a  ship,  to  pay  for  goods  embezzled 

To  execute  a  judgment  142 
To  execute  and  deliver  the  counter  part  of  a  deed 

From  a  lessee  and  surety  to  pay  rent,  &c  143 
To  permit  a  wife  to  live  separate  from  her  husband 

Of  a  common  replevin  bond  144 

Of  a  bond  of  review  145 
For  restitution,  on  a  judgment,  when  the  defendant  is 

out  of  the  State  146 
That  a  person  when  of  age  shall  convey 

To  maintain  a  person  during  life  147 
To  marrj  a  person  or  pay  a  sum  of  money 
To  indemnify  for  paying  rent  where  title  is  in  question         148 

By  a  collector  of  taxes  149 
Of  a  bottomry  bond 

Of  a  respondentia  bond  150 

For  the  payment  of  an  annuity  152 

By  one  authorized  to  collect  debts  152 

COMPOSITION. 

With  creditors  150 

CONDITION  OF  SALE.  154 

CONVEYANCE.  15« 


INDEX.  35W 

COPARTNERSHIP. 

Articles  of,  between  two  tradesmen  156 

between  merchants  or  traders  159 

where  one  alone  is  bound  to  follow  the  trade  160 

Dissolution  of  162 

COVENANT. 

Where  A.  covenants  for  himself  and  his  wife  163 
By  a  tenant  for  life,  and  tenant  in  fee  of  the  reversion, 

who  join  in  a  deed  164 

To  stand  seized  to  uses  164 

Further  assurance  164 
For  quiet  enjoyment 

Against  incumbrance  165 

DEEDS. 

Of  warranty  from  one  person  to  another  166 

Of  warrantee  from  one  person  to  another  167 
Of  several  to  a  corporation,  with  special  covenants  of 

warrantee,  and  release  of  dower  168 
By  the  inhabitants  of  a  town  169 
By  a  husband  and  wife,  of  the  wife's  real  estate  169 
To  two,  to  hold  as  joint- tenants  170 
By  a  sheriff,  of  an  equity  of  redemption,  sold  at  auction  170 
By  an  administrator  172 
Where  the  intestate  had  bonnd  himself  by  deed  to  convey  172 
By  an  executor  under  an  authority  in  a  will  173 
By  a  guardian  of  minors  174 
Of  a  patent-right  175 
To  three,  as  joint-tenants,  in  trust  for  a  corporation  177 
Deed  and  covenant  of  a  vender  of,  to  indemnify  the  pur- 
chaser from  claim  of  dower  178 
Of  quit-claim  178 
Of  quit-claim,  another  form  179 
Of  quit-claim,  subject  to  a  prior  incumbrance  180 
By  executors  181 
O"f  partition  182 
Of  a  watercourse  184 
DEFEASANCE. 

Of  a  bond  and  judgment  185 
DEPOSITIONS. 

Certificate  of  commissioners,  of  their  executing  a  commission  186 
Directions  for  taking  depositions  by  the  U.  S.  Courts, 

Pennsylvania  188 

Directions  for  taking  depositions  according  to  the  N.  York 

laws  190 
Notice  to  the  adverse  party 

Summons  to  the  deponent  193 
Caption  193 
Notice  to  adverse  party,  in  depositions  in  perpetual  remem- 
brance 194 
Summons  to  deponent  in  195 
Caption  of  deposition  in                 "                   "  195 
Form  of  taking  deposition  for  the  R.  1.  Courts  196 
Dower,  (Tables)  58—60 
29* 


330  INDEX. 

EXCHANGES. 

Of  lands  in  fee  197 

Expectation  of  life,  (Table  of)  58 

GIFTS. 

A  gift  of  land  196 

Of  personal  estate  199 

Of  an  annuity,  or  rent-charge  200 

Of  a  reversion  of  an  estate  or  freehold       •.  202 

Of  a  reversion  after  a  term  of  years  202 

By  a  tenant  for  life  203 

INDENTURE. 

Of  apprenticeship  204 

By  overseers  of  the  poor  205 

Of  servitude  206 

By  father  or  mother  to  bind  a  minor  as  a  servant  206 

Where  a  minor  is  bound  by  a  guardian  207 
Of  an  orphan  minor,  bound  \\ith  the  approbation  of  the 

selectmen  207 

To  bind  a  minor  by  his  guardian  208 

INSOLVENCY. 

Form  of  process  in  Pennsylvania  208 

JOINTURE. 

Settled  on  an  intended  wife  213 

LEASES. 

A  general  form  -  215 

A  shorter  form  of  a  lease  216 

Another  form,  used  by  careful  landlords  218 

A  common  form,  imperfect  and  defective  220 

Of  goods  or  household  furniture  221 

Of  a  farm,  with  full  covenants  and  provisions  222 
Of  house  and  lands,  with  reservations,  exceptions  and 

special  covenants  225 
By  an  attorney 

Memorandum  of  a  lease  232 

To  enable  one  to  bring  an  ejectment  233 

A  reversionary  lease  233 

For  life,  by  tenant  in  dower,  with  various  covenants  234 

LETTER  OF  ATTORNEY. 

A  special  power  236 

A  shorter  form  237 

General  power,  to  collect  debts,  &c 

To  receive  dividends  239 

To  receive  the  back  pay  of  a  deceased  soldier  239 

To  receive  a  legacy  240 

To  convey  lands  240 

To  acknowledge  a  deed 

To  acknowledge  satisfaction  of  a  mortgage  241 


INDEX.  331 

LETTER  OF  ATTORNEY,  (Continued.) 

To  two  persons,  but  in  case  of  death,  absence  or  refusal  of 
both  or  either,  to  another  alone  or  with  either  of  them 

that  will  act  242 

From  a  sailor,  to  his  wife,  to  receive  his  wages,  &c  242 

To  receive  principal  and  interest  of  public  debt  243 
To  receive  Bank  Stock,  and  to  transfer  the  same 
To  make  entry  into  land 

To  make  entry  and  commence  suits  245 

To  enter  into,  survey,  and  make  a  lease  of  a  farm  245 
To  draw,  endorse,  and  negotiate  bills  of  exchange,  &c  246 
To  prosecute  and  defend,  (to  be  gjven  to  a  regular  Attorney)  247 
To  prosecute  or  defend  a  single  action 

To  demand  rent,  and  in  default,  to  enter  on  the  premises  247 
From  a  Merchant  to  two  Clerks,  to  negotiate  in  his  absence  248 

To  transfer  stock  in  the  U.  S.  Bank  248 

For  receiving  dividends  on  stock  of  the  U.  S.  Bank  249 

For  receiving  interest  on  dividends  of  U.  S.  Stock  250 

Letter  of  substitution,  by  indorsement  251 

General  letter  of  substitution  251 

Letter  of  revocation  252 

LETTER  OF  CREDIT.  253 

LETTER  OF  LICENSE. 

To  an  embarrassed  debtor  253 

A  letter  of  license,  and  composition  with  creditors  254 

Letter  of  license,  on  condition  256 

MANUMISSION. 

Of  a  slave  256 

Another  form  257 

MORTGAGES,  assignment  of  86 

Where  no  other  security  is  given  258 

By  quitclaim,  as  security  for  a  note  259 

Common  form  to  secure  a  note  259 

A  common  mortgage  deed  to  secure  a  bond  260 

Of  land  for  a  term  of  years  261 

Of  goods  262 

Mortgage  of  indemnity  by  indenture  262 

To  secure  endorsers,  by  indenture  264 

For  continuing  a  mortgage,  by  indorsement  265 
Mortgage  of  a  mortgage 

Mortgage  of  stock,  with  leave  to  sell  323 

ORGANIZATION. 

Form  of  organization  under  an  act  of  incorporation 

of  voluntary  associations  '-''i'-' 
of  primary  meetings 

PARTITION. 

By  indenture,  where  two  have  taken  a  joint  lease 
Between  three  joint  tenants,  by  indenture 

Between  tenants  in  common  in  fee  276 
PATENTS  (Letters) 

Petition  for  '&? 


! 


332  INDEX. 

PATENTS  (Letters)  (Continued.) 

Specification  of                     ,  279 

Oath  of  invention,  &c  379 

PETITION. 

Of  a  feme  covert  for  license  to  sell  her  own  real  estate. 

her  husband  being  absent  280 

By  an  administrator  for  license  to  sell  real  estate  281 

By  guardian  for  license  to  sell  his  ward's  real  estate  282 

For  partition  282 

Probate  to  a  legislature  283 

PROMISSORY  NOTES. 

On  time  285 

On  demand,  with  interest  285 

On  time,  with  interest  285 

Payable  by  instalments,  with  periodical  interest  285 

A  sealed  note  285 

RECEIPTS. 

A  general  form  286 

For  a  quarter's  rent  286 

For  money  paid  by  another  person  286 

For  money  received  for  another  287 

In  part  of  a  bond  287 

For  interest  due  on  a  bond  287 

On  account  287 

For  papers  287 

RELEASE. 

A  general  form  from  one  to  another  288 

Mutual,  by  indenture  288 

Of  claims  under  or  upon  a  particular  contract  289 

Of  claims  on  an  instrument  alleged  to  be  lost  289 

Of  error  concerning  a  judgment  290 

A  general  release  of  errors  290 

Of  a  proviso  or  condition  in  a  deed,  covenant,  &c  291 

Of  a  particular  power,  by  indorsement  291 
Release  or  confirmation  t>y  indorsement,  by  one  of  full  age, 

on  a  deed  by  him  made  while  an  infant  292 

Of  dower  to  an  heir  292 
Of  dower  in  consideration  of  an  annuity  given  by  will         293 

Of  a  trust  estate  294 

Of  an  appprentice  from  his  indentures  294 

From  an  apprentice  and  liis  father  to  his  master  '*  t.'i 

Of  a  right  to  lands  295 

Of  an  equity  of  redemption  296 
Of  a  mortgage  to  be  entered  on  the  margin  of  the  record     296 

Of  a  mortgage,  by  indorsement  296 

SEPARATION. 

Between  a  husband  and  his  wife,  the  husband  giving  for 
her  use  the  estate  to  which  she  was  entitled  at  the  time 

of  her  marriage  297 
SETTLEMENT. 

Marriage   settlement  of  a  wife's  estate,  consisting  of 

lands,  &c  303 


INDEX.  333 

SETTLEMENT,  (Continued) 

In  contemplation  of  marriage  for  securing  money  and  other 

property  306 

St  Maur's  tables  of  expectation  of  life  GO 

USES  AND  TRUSTS- 

Declaration  of  trusts  of  purchase  money,  made  by  the 

trustee  309 

Declaration  of  trust  of  a  bond  and  indenture  of  mortgage, 

made  by  a  trustee  309 

A  declaration  that  a  man's  name  is  used  in  trust  in  a  bond, 

made  by  a  trustee  310 

A  deed  to  declare  articles  an  escrow,  made  by  the  parties     310 
A  deed  to  declare  that  several  securities  were  for  the  same 

debt,  made  by  the  creditor  311 

Declaration  of  trust,  of  stock  311 

Value  of  annuity,  (Table)  61 

Wigglesworth's  table  of  expectation  of  life  58 

WILLS. 

A  general  form  of  disposing  of  real  and  personal  estate  313 
Another  general  form  of  disposing  of  estate  real  and  per- 
sonal 316 
A  short  form  317 
A  seaman's  will,  to  be  indorsed  on  a  power  of  attorney  to 

his  wife  318 

Nuncupative  will  319 

another  form  319 

A  codicil,  to  be  indorsed  on  a  will  320 

Various  conclusions  of  wills  or  codicils  320 

Attestations  of  wills  321 


291 

...  UJ  niuursement,  by  one  of  full  age, 

on  a  deed  by  him  made  while  an  infant  292 

Of  dower  to  an  heir  292 

Of  dower  in  consideration  of  an  annuity  given  by  will  293 

Of  a  trust  estate  294 

Of  an  appprentice  from  his  indentures  294 

From  an  apprentice  and  his  father  to  his  master  29f> 

Of  a  right  to  lands  295 

Of  an  equity  of  redemption  296 

Of  a  mortgage  to  be  entered  on  the  margin  of  the  record  29G 

Of  a  mortgage,  by  indorsement  296 

SEPARATION. 

Between  a  husband  and  his  wife,  the  husband  giving  for 
her  use  the  estate  to  which  she  wan  entitled  at  the  time 

of  her  marriage  297 
SETTLEMENT. 

Marriage   settlement  of  a  wife's  estate,  consisting  of 

lands,  &c  303 


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